Alcohol Compliance Civil Penalty for Alcohol License Holder— Family Mart Copyright 2014
City of Dubuque Consent Items # 23.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Family Mart
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Family Mart, 3201
Central Avenue
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Family Mart 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: Settlement Agreement — Family Mart
DATE: August 6, 2015
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Family Mart, 3201 Central Avenue.
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
August 3, 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Family Mart
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Family Mart.
BACKGROUND
Family Mart has a liquor license for its establishment at 3201 Central Avenue in the City
of Dubuque. On June 12, 2015 the Dubuque Police Department did an alcohol
compliance check at Family Mart and an employee 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. Family Mart has chosen a five hundred dollar
($500.00)fine and has submitted their signed agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Family Mart 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.
ACTION REQUESTED
City Manager review, City Council approval, and Mayor Buol signature of the attached
AcknowledgmentlSettlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance — 1st Violation
•
RE: Family Mart
3201 Central Avenue
Dubuque, IA 52001
Family Mart, Inc.
3201 Central Avenue
Dubuque, IA 52001
1, 4 Ci 1Z An 11 A1.f. Cc CC on behalf of Family Mart, hereby knowingly and
voluntarily acknowledge that:
a) Family Mart received the notice regarding the above referenced case.
b) Family Mart admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Family Mart waives a hearing and submits to the statutory penalties
prescribed by law.
d) Family Mart understands that this violation will count as an official "First
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.
Family Mart has a liquor license for 3201 Central Avenue. Violation of the liquor license
occurred as follows:
Violation Date Violation Type Violation Number
June 12, 2015 Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Family Mart is subject to the following:
1) A five hundred dollar ($500.00) fine
OR
2) A fourteen (14) day suspension of the liquor license.
In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-
2B-16, Family Mart chooses one of the following penalties:
X Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Family Mart
C agtfur
Stigyiature
deaTL A n11 A haus
Signature
Name — Please Print Name — Please Print
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 the foregoing civil penalty has been remitted by Family Mart to the City of
Dubuque - Police Department.
PASSED AND APPROVED this
Attest:
Kevin Firnstahl, City C erk
day of ,,1f/f� ,
i
Roy D. Buolayor