Alcohol Compliance Civil Penalty_Casey's General Store #2420 Copyrighted
May 15, 2017
City of Dubuque Consent Items # 23.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Casey's General Store #2420
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Casey's General Store#2420,
2699 Rockdale Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Casey's General Store Alcohol Compliance Settlement- City Manager Memo
MVM 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
Casey's General Store #2420
DATE: May 4, 2017
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Casey's General Store #2420, 2699 Rockdale Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Zia/
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
May 1 , 2017
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Casey's General Store #2420
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Casey's General Store #2420.
BACKGROUND
Casey's General Store #2420 has a liquor license for its establishment at 2699
Rockdale Road in the City of Dubuque. On May 5, 2015 and March 8, 2017, the
Dubuque Police Department did alcohol compliance checks at Casey's General Store
#2420 and employees 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. Casey's General Store #2420 has agreed to
pay a $5,000 fine for a second violation and has submitted their payment to the Police
Department. They will also be serving a thirty (30) day suspension of their liquor license,
with sixteen (16) days suspended provided there are no other violations for twelve (12)
consecutive months. The suspension dates are detailed in the attached settlement
agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Casey's General Store #2420 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 — 2" d Violation
RE: Casey's General Store #2420
2699 Rockdale Road
Dubuque, IA 52003
Casey's Marketing
PO Box 3001
Ankeny, IA 50021-8045
Amy M. Costello, Legal Counsel on behalf of Casey's General Store #2420, hereby
knowingly and voluntarily acknowledge that:
a) Casey's General Store #2420 received the notice regarding the above
referenced case.
b) Casey's General Store #2420 admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Casey's General Store #2420 waives a hearing and submits to the
statutory penalties prescribed by law.
d) Casey's General Store #2420 understands that this penalty will count as
an official "Second Violation — Alcohol Compliance" of City of Dubuque Code of
Ordinances §4-2A-3, pursuant to City of Dubuque Code of Ordinances §4-2B-16.
Casey's General Store #2420 has a liquor license for 2699 Rockdale Road. Violations
of the liquor license occurred as follows:
Violation Date
May 5, 2015
March 8, 2017
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1st Violation
2nd Violation
At this time, Casey's General Store #2420 has one (1) alcohol violation pending. Under
the foregoing City of Dubuque Code of Ordinances provisions, Casey's General Store
#2420 is subject to a civil penalty and a suspension of the liquor license.
In accordance with City of Dubuque Code of Ordinances §4-2B-16, Casey's General
Store #2420 accepts the penalties for a Second Violation — Alcohol Compliance and
chooses the following option:
Please choose one (1) of the following options:
❑ Option #1
✓ One thousand five hundred dollar ($1,500) fine
✓ Thirty (30) day suspension of the license
XX Option #2
✓ Five thousand dollar ($5,000) fine
✓ Fourteen (14) day suspension of the license
(Thirty (30) day suspension with sixteen (16) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
❑ Option #3
✓ Seven thousand five hundred dollar ($7,500) fine
✓ Seven (7) day suspension of the license
(Thirty (30) day suspension with twenty three (23) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Two (2) of the following (please choose two):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty-one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
❑ Option #4
✓ Fifteen thousand dollar ($15,000) fine
✓ Zero (0) day suspension of the license
(Thirty (30) day suspension with thirty (30) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Three (3) of the following (please choose three):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive the training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty-one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the. identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
*If there is a violation within the probationary period, the days which were suspended must be served.
Initials:
Date: April 21, 2017
The suspension of the liquor license must be served as follows:
Saturday, June 3, 2017 through and including Friday, June 16, 2017
Total: Fourteen (14) days
Casev's General Store #2420
n LL )3,
Signaturk i Signature
Name — Please Print
Amy M. Costello, Legal Counsel
Name — Please Print
April 21, 2017
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 be remitted by Casey's General Store #2420 on or before May 31,
2017 and suspension of the liquor license be served as outlined.
PASSED AND APPROVED this/'day of
a
Attest:
Key! Firnstahl City Cler ct'
Roy D. Buoll ayor
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