Alcohol Compliance Civil Penalty for BP Station Copyrighted
April 3, 2017
City of Dubuque Consent Items # 22.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder- BP Station
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for BP Station, 1540 Loras Blvd.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
BP 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: Alcohol Compliance Settlement Agreement - BP
DATE: March 22, 2017
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with BP, 1450 Loras Boulevard.
I 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 24, 2017
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— BP
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and BP.
BACKGROUND
BP has a liquor license for its establishment at 1450 Loras Boulevard in the City of
Dubuque. On December 2, 2016, the Dubuque Police Department did an alcohol
compliance check at BP 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. BP 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. BP 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 — ist Violation
RE: BP
1450 Loras Blvd.
Dubuque, IA 52001
Sahota 2 Inc
1450 Loras Blvd.
Dubuque, IA 52001
I, v OP_LEkAt7P , , on behalf of BP, hereby knowingly and voluntarily
acknowledge that:
a) BP received the notice regarding the above referenced case.
b) BP admits that the facts and allegations contained in the Complaint, which
is attached hereto and incorporated herein by reference, are true and correct.
c) BP waives a hearing and submits to the statutory penalties prescribed by
law.
d) BP 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.
BP has a liquor license for 1450 Loras Blvd. 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, BP 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, BP chooses one of
the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
BP
Signature
71(1P1
Name — Please Print
n3- g— I
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 BP to the City of Dubuque —
Police Department.
PASSED AND APPROVED thisday o , 20
Attest:
Kevi Firnstahl, City Clerk
str.
Roy D. Buo
,payor