Alcohol Compliance Civil Penalty_Kwik Stop C-Stores Copyrighted
May 15, 2017
City of Dubuque Consent Items # 29.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Kwik Stop C-Stores
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Kwik Stop C-Stores, 2335
University Ave.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Kwik Stop C Stores 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
Kwik Stop C-Stores
DATE: May 4, 2017
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Kwik Stop C-Stores, 2335 University Avenue.
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— Kwik Stop C-Stores
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Kwik Stop C-Stores
BACKGROUND
Kwik Stop C-Stores has a liquor license for its establishment at 2335 University Avenue
in the City of Dubuque. On January 24, 2017, the Dubuque Police Department did an
alcohol compliance check at Kwik Stop C-Stores 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. Kwik Stop C-Stores has chosen to pay a
$500 fine for a first violation and has submitted payment to the City Clerk's Office.
CONCLUSION & RECOMMENDATION
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: Kwik Stop C -Stores
2335 University Avenue
Dubuque, IA 52001
• Rainbo Oil Co.
PO Box 768
• Dubuque, IA 52004
I, T , on behalf of Kwik Stop C -Stores, hereby knowingly
and voluntarily acknowledge that:
a) Kwik Stop C -Stores received the notice regarding the above referenced
case.
b) Kwik Stop C -Stores admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Kwik Stop C -Stores waives a hearing and submits to the statutory
penalties prescribed by law.
d) Kwik Stop C -Stores 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.
Kwik Stop C -Stores has a liquor license for 2335 University Avenue. Violation of the
liquor license occurred as follows:
Violation Date
January 24, 2017
Violation Type Violation Number
Alcohol Violation 1St Violation
Under the foregoing City of Dubuque Code of Ordinances provisions, Kwik Stop C -
Stores 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, Kwik Stop C -Stores
chooses one of the following penalties:
• Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Kwik Stop C -Stores
Name — Please Print
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 Kwik Stop C -Stores to the
City of Dubuque — Police Department.
PASSED AND APPROVED this
Attest:
v
Kev iFirnstahl, City Clerk
layof I72
Roy D. Buol,,ayor
0