Alcohol Compliance Civil Penalty_American Legion Post #6 Copyrighted
June 19, 2017
City of Dubuque Consent Items # 21.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder-American Legion Post#6
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for American Legion Post#6, 1306
Delhi Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
American Legion Post#6 Alcohol Compliance City Manager Memo
Settlement Agreement-MVM Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
THE CITY OF Dubuque
fta B E I 11p y
Masterpiece 012 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—American Legion Post#6
DATE: June 12, 2017
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with American Legion Post #6, 1306 Delhi Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Mark Dalsing, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
June 5, 2017
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement — American Legion Post #6
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and American Legion Post #6.
BACKGROUND
American Legion Post #6 has a liquor license for its establishment at 1306 Delhi Street
in the City of Dubuque. On April 11 , 2017, the Dubuque Police Department did an
alcohol compliance check at American Legion Post #6 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. American Legion Post #6 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. American Legion Post #6 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
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance — 1st Violation
RE: American Legion Post #6
1306 Delhi Street
Dubuque, IA 52001
Dubuque Post No. 6
1306 Delhi Street
Dubuque, IA 52001
I, Q. " ti , on behalf of American Legion Post #6, hereby
knowingly and volun cknowledge that:
a) American Legion Post #6 received the notice regarding the above
referenced case.
b) American Legion Post #6 admits that the facts and allegations contained
in the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) American Legion Post #6 waives a hearing and submits to the statutory
penalties prescribed by law.
d) American Legion Post #6 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.
American Legion Post #6 has a liquor license for 1306 Delhi Street. Violation of the
liquor license occurred as follows:
Violation Date
April 11, 2017
Violation Type Violation Number
Alcohol Violation 1St Violation
Under the foregoing City of Dubuque Code of Ordinances provisions, American Legion
Post #6 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, American Legion
Post #6 chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
American Legion Post #6
Signature
Name —Please Pr`r Name — Please Print
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 has been remitted by American Legion Post #6 to
the City of Dubuque — Police Department.
PASSED AND APPROVED this
day of
,20/;7-.
Roy D:' Buolayor
Attest:
Ke ir(Firnstahl, City Clerk