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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 ,2 t,L„7"