Alcohol Compliance Civil Penalty for Friendly Locust Mart Copyrighted
July 5, 2017
City of Dubuque Consent Items # 33.
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
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 — Friendly Locust Mart
DATE: June 25, 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.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE MY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
June 23, 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 and April 25, 2017, the Dubuque Police
Department did alcohol compliance checks at Friendly Locust Mart 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. Friendly Locust Mart has agreed to pay a
$1 ,500 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.
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. 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
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance — 2nd Violation
•
RE: Friendly Locust Mart
408 West Locust Street
Dubuque, IA 52001
AWN Stop Mart Inc #3
408 West Locust Street
Dubuque, IA 52001
1,67.--o-.0( (Or( , 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 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.
Friendly Locust Mart has a liquor license for 408 West Locust Street. Violations of the
liquor license occurred as follows:
Violation Date
January 10, 2017
April 25, 2017
Violation Tvoe
Alcohol Violation
Alcohol Violation
Violation Number
1St Violation
2nd Violation
At this time, Friendly Locust Mart has one (1) alcohol violation pending. Under the
foregoing City of Dubuque Code of Ordinances provisions, Friendly Locust Mart 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, Friendly Locust Mart
accepts the penalties for a Second Violation — Alcohol Compliance and chooses the
following option:
Please choose one (1) of the following options:
I' Option #1
✓ One thousand five hundred dollar ($1,500) fine
✓ Thirty (30) day suspension of the license
❑ 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
o 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
o Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
o 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):
o Terminate the employee who acted illegally
o Purchase and use identification scanners for use on all alcohol sales
o 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
o 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: ,/c Date: 6-.72,7 - / 7
The suspension of the liquor license must be served as follows:
Monday, July 17, 2017 — Wednesday, July 19, 2017
Monday, July 24, 2017 — Wednesday, July 26, 2017
Monday, July 31, 2017 — Wednesday, August 2, 2017
Monday, August 7, 2017 — Wednesday, August 9, 2017
Monday, August 14, 2017 — Tuesday, August 15, 2017
Monday, August 21, 2017 — Tuesday, August 22, 2017
Friday, September 15, 2017 — Thursday, September 28, 2017
Friendly Locust Mart
9-3 ?Atkfre/i
Signature Signature
r -P4 -f -a ,‘c
Name — Please Print Name — Please Print
3 days
3 days
3 days
3 days
2 days
2 days
14 days
Total: 30 days
(c) ,72
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 Friendly Locust Mart and suspension of the
liquor license be served as outlined.
PASSED AND APPROVED this' day of�/',G� , 2O'
Roy D. Buo,4 Mayor
Attest:
Kevin, irnstahl, Clerk'