Alcohol Compliance Civil Penalty for Alcohol License Holder— Ron's Discount Smokes Copyright 2014
City of Dubuque Consent Items # 24.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Ron's
Discount Smokes & Beverage Center#1
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Ron's Discount Smokes
& Beverage Center#1 , 3300 Asbury Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Ron's Discount Smokes Alohol 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 — Ron's Discount Smokes & Beverage Center#1
DATE: August 6, 2015
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Ron's Discount Smokes & Beverage Center#1, 3300
Asbury Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael 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— Ron's Discount Smokes & Beverage Center#1
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Ron's Discount Smokes & Beverage Center#1 .
BACKGROUND
Ron's Discount Smokes & Beverage Center#1 has a liquor license for its establishment
at 3300 Asbury Road in the City of Dubuque. On June 8, 2015 the Dubuque Police
Department did an alcohol compliance check at Ron's Discount Smokes & Beverage
Center #1 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. Ron's Discount Smokes & Beverage Center
#1 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. Ron's Discount Smokes & Beverage Center #1 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 — jst Violation
RE: Ron's Discount Smokes & Bev, °
. RKM LLC
Cntr. #1 . 6141 Forest Hills Drive
3300 Asbury Road °
. Dubuque, IA 52002
Dubuque, IA 52002
I, tej (4_551,41 , on behalf of Ron's Discount Smokes & Bev. Cntr. #1,
hereby knovingly and voluntarily acknowledge that:
a) Ron's Discount Smokes & Bev. Cntr. #1 received the notice regarding the
above referenced case.
b) Ron's Discount Smokes & Bev. Cntr. #1 admits that the facts and
allegations contained in the Complaint, which is attached hereto and
incorporated herein by reference, are true and correct.
c) Ron's Discount Smokes & Bev. Cntr. #1 waives a hearing and submits to
the statutory penalties prescribed by law.
d) Ron's Discount Smokes & Bev. Cntr. #1 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.
Ron's Discount Smokes & Bev. Cntr. #1 has a liquor license for 3300 Asbury Road.
Violation of the liquor license occurred as follows:
Violation Date Violation Type Violation Number.
June 8, 2015 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Ron's Discount Smokes & Bev. Cntr. #1 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, Ron's Discount Smokes & Bev. Cntr. #1 chooses o of the following penalties:
/ Five hundred dollar ($500.00) fine
Lii Fourteen (14) day liquor license suspension
Ron's Discount Smokes & Bev. Cntr. #1
id At{
Signature
Name — PleasPrint
7/75 -hi -
Signature
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 Ron's Discount Smokes &
Bev. Cntr. #1 to the City of Dubuque — Police Department.
PASSED AN j APP r' AVE �; this, qday of � / , 2%.
Attest:
Kevin irnstahl, City a erk
0 L.,/
Roy Buol '`' 'ayor