Alcohol Compliance Civil Penalty_Oky Doky Foods #8 Copyrighted
May 15, 2017
City of Dubuque Consent Items # 31.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Oky Doky#8 Foods
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Oky Doky#8 Foods, 535 Hill
Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Oky Doky#8 Alcohol Compliance Agreement-MVM City Manager Memo
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
Oky Doky #8 Foods
DATE: May 4, 2017
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Oky Doky #8 Foods, 535 Hill Street, Suite A.
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— Oky Doky #8 Foods
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Oky Doky #8 Foods.
BACKGROUND
Oky Doky #8 Foods has a liquor license for its establishment at 535 Hill Street, Suite A,
in the City of Dubuque. On March 21 , 2017, the Dubuque Police Department did an
alcohol compliance check at Oky Doky #8 Foods 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. Oky Doky #8 Foods 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. Oky Doky #8 Foods 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: Oky Doky #8 Foods
535 Hill Street, Suite A
Dubuque, IA 52001
Hill Street Plaza, Inc.
535 Hill Street, Suite A
Dubuque, IA 52001
I, -. *-11, , on behalf of Oky Doky #8 Foods, hereby knowingly
and voluntarily acknow ge that:
a) Oky Doky #8 Foods received the notice regarding the above referenced
case.
b) Oky Doky #8 Foods admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Oky Doky #8 Foods waives a hearing and submits to the statutory
penalties prescribed by law.
d) Oky Doky #8 Foods 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.
Oky Doky #8 Foods has a liquor license for 535 Hill Street, Suite A. Violation of the
liquor license occurred as follows:
Violation Date
March 21, 2017
Violation Type Violation Number
Alcohol Violation 1st Violation
Under the foregoing City of Dubuque Code of Ordinances provisions, Oky Doky #8
Foods 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, Oky Doky #8 Foods
chooses one of the following penalties:
X Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Okv Dokv #8 Foods
Signature
6‘,.) -r.) oki-b
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 Oky Doky #8 Foods to the
City of Dubuque — Police Department.
PASSED AND APPROVED this 2 day of
Attest:
Ke(fiin Firnstahl, City erk
ml 4
Roy D. Buoayor
20