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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