Alcohol Compliance Civil Penalty for Alcohol License Holder— Diamond Jo Casino Copyright 2014
City of Dubuque Consent Items # 17.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Diamond Jo
Casino
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for the Diamond Jo Casino,
301 Bell Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Diamond Jo Casino Alcohol Compliance Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Copy Staff Memo
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Diamond Jo Casino Alcohol Compliance Settlement Agreement
DATE: July 28, 2015
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Diamond Jo Casino, 301 Bell Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
July 23, 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Diamond Jo Casino Alcohol Compliance Settlement Agreement
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Diamond Jo Casino.
BACKGROUND
Diamond Jo Casino has a liquor license for its facility located at 301 Bell Street. in the
City of Dubuque. On June 10, 2014 and June 16, 2015 the Dubuque Police Department
did alcohol compliance checks at the business and employees sold alcohol to underage
youth compliance monitors.
City Council has directed that staff work with license and permit holders to serve
suspensions & penalties in a flexible way, and a penalty schedule was developed with
options for violators. Diamond Jo Casino was presented with penalty options which
include license suspension, fines, or a combination of suspension and fines. Diamond
Jo Casino has chosen the option to pay a $15,000 fine and serve no license
suspension. Additionally the agreement places them under a 12-month probationary
period and requires them to use ID scanners, provide Training for Intervention
Procedures (TIPS) training for employees, and terminate the employee who served the
minors.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators and Diamond Jo Casino was provided the schedule and selected their choice
of penalty. The City Legal Department and the Police Department have reviewed the
agreement and concur with the requirements.
1
ACTION REQUESTED
City Manager review, City Council approval, and Mayor Buol signature of the attached
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
2
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance — 2nd Violation
RE: Diamond Jo Casino
301 Bell Street
Dubuque, IA 52001
Diamond Jo, LLC
301 Bell Street
Dubuque, IA 52001
I, j , on behalf of Diamond Jo Casino, hereby knowingly
and voluntarily acknowledge that:
a) Diamond Jo Casino received the notice regarding the above referenced
case.
b) Diamond Jo Casino admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Diamond Jo Casino waives a hearing and submits to the statutory
penalties prescribed by law.
d) Diamond Jo Casino understands that this penalty will count as an official
"Second Violation — Alcohol Compliance" of City of Dubuque Code of Ordinances
§4-2A-3, pursuant to Iowa Code §123.50 and City of Dubuque Code of
Ordinances §4-2B-16.
Diamond Jo Casino has a liquor license for 301 Bell Street. Violations of the liquor
license occurred as follows:
Violation Date
June 10, 2014
June 16, 2015
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1st Violation
2nd Violation
At this time, Diamond Jo Casino has one (1) alcohol violation pending. Under the
foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Diamond Jo
Casino is subject to a civil penalty and a suspension of the liquor license.
In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-
2B-16, Diamond Jo Casino accepts the penalties for a Second Violation — Alcohol
Compliance and chooses the following option:
Please choose one (1) of the following options:
❑ Option #1
✓ One thousand five hundred dollar ($1,500) fine
✓ Thirty (30) day suspension of the license
❑ Option #2
✓ Five thousand dollar ($5,000) fine
✓ Fourteen (14) day suspension of the license
(Thirty (30) day suspension with sixteen (16) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
n Option #3
✓ Seven thousand five hundred dollar ($7,500) fine
✓ Seven (7) day suspension of the license
(Thirty (30) day suspension with twenty three (23) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Two (2) of the following (please choose two):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty-one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
❑ Option #4
✓ Fifteen thousand dollar ($15,000) fine
✓ Zero (0) day suspension of the license
(Thirty (30) day suspension with thirty (30) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Three (3) of the following (please choose three):
X Terminate the employee who acted illegally
Purchase and use identification scanners for use on all alcohol sales
All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive the training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty-one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
*If there is a violation within the probationary period, the days which were suspended must be served.
Initials: IDE Date: 7-J513
Diamond Jo Casino
/ &Me&
Signature Signature
Name — Please Print Name — Please Print
'2-(6
Date Date
NOTE: This must be signed by an individual alcohol licensee, or in the case of another business entity, by
individual(s) who have authority to bind the entity.
THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby orders that
Diamond Jo Casino remit the foregoing civil penalty on or before July 31, 2015 and comply
with the conditions as outlined and approved by the Chief of Police.
PASSED AND APPROVED thist day of ,4 /, 20,/,
f "' S
Ali/
Attest:
C
Kevi Firnstahl, C'ty CI
Roy D. Bu Mayor