Alcohol Compliance Civil Penalty_Friendly Locust Mart Copyrighted
May 15, 2017
City of Dubuque Consent Items # 25.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Friendly Locust Mart
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Friendly Locust Mart, 408 West
Locust Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Friendly Locust Mart Alcohol Compliance Agreement- 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
Friendly Locust Mart
DATE: May 4, 2017
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Friendly Locust Mart, 408 West Locust Street.
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 5, 2017
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Friendly Locust Mart
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Friendly Locust Mart.
BACKGROUND
Friendly Locust Mart has a liquor license for its establishment at 408 West Locust Street
in the City of Dubuque. On January 10, 2017, the Dubuque Police Department did an
alcohol compliance check at Friendly Locust Mart 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. Friendly Locust Mart 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. Friendly Locust Mart 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: Friendly Locust Mart AWN Stop Mart Inc #3
408 West Locust Street 408 West Locust Street
Dubuque, IA 52001 Dubuque, IA 52001
I, ,gt.� L195 =7Ait1CX, on behalf of Friendly Locust Mart, hereby knowingly
and voluntarily acknowledge that:
a) Friendly Locust Mart received the notice regarding the above referenced
case.
b) Friendly Locust Mart admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Friendly Locust Mart waives a hearing and submits to the statutory
penalties prescribed by law.
d) Friendly Locust Mart 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.
Friendly Locust Mart has a liquor license for 408 West Locust Street. Violation of the
liquor license occurred as follows:
Violation Date
Violation Type Violation Number
January 10, 2017 Alcohol Violation 1St Violation
Under the foregoing City of Dubuque Code of Ordinances provisions, Friendly Locust
Mart 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, Friendly Locust Mart
chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Friendly Locust Mart
SignAture
[� �1 Y' - /41- SCA
Name — Please Print
515-72017
Date l
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.
Signature
Name — Please Print
Date
THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Friendly Locust Mart to the
City of Dubuque — Police Department.
PASSED AND APPROVED this
Attest:
Kevin 'irnsta I, "ify Clete`'
day of J7 i
0
Roy D. Buol,,gayor