Alcohol Compliance Civil Penalty for Alcohol License_Kwik Stop #300 Copyright 2014
City of Dubuque Consent Items # 15.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Kwik Stop #300
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Kwik Stop #300, 1215 East 16th
Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Kwik Stop Alcohol Compliance Agreement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
THE CITY OF Dubuque
DUB E 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— Kwik Stop 16th St. #300
DATE: February 13, 2017
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Kwik Stop, 16th Street #300.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, 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
February 7, 2017
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Kwik Stop 16th St #300
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Kwik Stop 16th St #300.
BACKGROUND
Kwik Stop 16th St #300 has a liquor license for its establishment at 1215 East 16th
Street in the City of Dubuque. On December 2, 2016, the Dubuque Police Department
did an alcohol compliance check at Kwik Stop 16th St #300 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. Kwik Stop 16th St #300 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. Kwik Stop 16th St #300 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: Kwik Stop 16th St #300
1215 East 16th Street
Dubuque, IA 52001
MF Enterprises, LLC
PO Box 768
Dubuque, IA 52004-0768
, on behalf of Kwik Stop 16th . St #300, hereby
knowingly and volun arily acknowledge that:
a) Kwik Stop 16th St #300 received the notice regarding the above
referenced case.
b) Kwik Stop 16th St #300 admits that the facts and allegations contained in
the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Kwik Stop 16th St #300 waives a hearing and submits to the statutory
penalties prescribed by law.
d) Kwik Stop 16th St #300 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 City of Dubuque Code of Ordinances §4-2B-16.
Kwik Stop 16th St #300 has a liquor license for 1215 East 16th Street. Violation of the
liquor license occurred as follows:
Violation Date
December 2, 2016
Violation Type Violation Number
Alcohol Violation 1St Violation
Under the -foregoing City of Dubuque Code of Ordinances provisions, Kwik Stop 16th St
#300 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 City of Dubuque Code of Ordinances §4-2B-16, Kwik Stop 16th St
#300 chooses one of the following penalties:
Five hundred dollar
500.00) fine
❑ Fourteen (14) day liquor license suspension
Kwik Stop 16th St #300
Signature
//I77er
Name — Please Print
Date
Signature
Name — Please Print
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 Kwik Stop 16th St #300 to
the City of Dubuque — Police Department.
PASSED AND APPROVED thi day of /ice , 20
Attest:
J
Kevin Firnstahl, City Clerk
Roy D. Buol, yor