Alcohol Compliance_Civil PenaltyTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Alcohol Compliance -Civil Penalty for Alcohol Permit Holders
DATE: January 14, 2009
Chief of Police Kim Wadding is recommending acceptance and approval of the
Acknowledgment/Settlement Agreements for a first offense alcohol compliance violation
for Bricktown Brewery, 299 Main Street; Las Margaritas, 1575 John F. Kennedy Road;
and Shannon's Bar and Grill, 521 East 22nd Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/js
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
MEMORANDUM
DATE: January 5, 2009
TO: Michael C. Van Milligen
City Manager
FROM: Kim B. Wadding
Police Chief
RE: Alcohol Compliance -Civil Penalty for Alcohol License Holders
INTRODUCTION:
The purpose of this memorandum is to administer the civil alcohol compliance violation
penalty regarding Iowa Code § 123.49 (h) to the following businesses for selling alcohol to
an underage person: first offense violation to Bricktown Brewery, 299 Main Street; Las
Margaritas, 1575 John F. Kennedy Road; and Shannon's Bar and Grill, 521 East 22"d
Street.
BACKGROUND:
The Dubuque Police Department continues to work toward the prevention of alcohol sales
to underage youth by completing alcohol compliance checks to area businesses. The
compliance checks employ underage youth supervised by Dubuque Police Officers to
confirm area businesses are not selling alcohol products to underage persons. The
compliance check consists of the following:
1) An underage youth working with Dubuque Police Officers enters the permit
holder business and requests the purchase of alcohol.
2) The underage youth remains under direct supervision during the compliance
check by the accompanying officers.
3) If asked, the underage youth is instructed to show their true underage
identification to the employee/clerk. Additionally, the underage youth is
instructed to truthfully answer all questions asked by the employee/clerk.
4) If a purchase is made, the youth leaves the business and meets with the officers
at a predetermined location where an accounting of the purchase is completed.
5) Once the youth is away from the business, the investigating officer approaches
the clerk, identifies him or herself and completes the investigation. In most cases
this results in issuing a citation for selling alcohol to an underage youth.
6) Once the employee/clerk has been cited, the officer attempts to contact the
manager or owner telling them of the violation and the possible civil penalties.
7) Upon conclusion of the criminal disposition resulting in a guilty plea or conviction,
initiation of the civil penalty to the business license holder begins. The business
license holder civil penalty includes:
Alcohol Compliance Civil Penalties -Iowa Code §125.50
(a) 1st Violation: $500 fine or 14-day suspension
(b) 2nd Violation within 2 years: $1,500 fine or 30-day suspension
(c) 3rd Violation within 3 years: $1,500 fine and 6-day suspension
(d) 4tn Violation within 5 years: Revocation
DISCUSSION:
When an alcohol compliance violation occurs and renders a guilty plea, the business
holding the alcohol liquor license receives notice by certified mail of the violation. The
notice includes notification of the allegation, a hearing complaint with court documentation
of the plea, and an Acknowledgement/Settlement Agreement. The Acknowledgement/
Settlement Agreement allows the license holder to settle the matter prior to a formalized
hearing. If the license holder wishes to decline the public hearing, the license holder
acknowledges the violation, signs and returns the Acknowledgement/Settlement
Agreement along with the appropriate fine payment.
The following license holders have received notification by certified mail of an alcohol
compliance violation for selling alcohol to an underage person. As a result, Bricktown
Brewery, 299 Main Street; Las Margaritas, 1575 John F. Kennedy Road; and Shannon's
Bar and Grill, 521 East 22nd Street has submitted payment and the Acknowledgement/
Settlement Agreement acknowledging a first offense alcohol compliance violation.
Offense ' Violation Date.:
Violation
1S September 12, 2008 Business
Bricktown Brewery Address Employee
299 Main Street Beth Germain
1 S October 30, 2008 Las Margaritas 1575 John F. Kennedy Road Rosana C. Morales
1S September 26, 2008 Shannon's Bar & Grill 521 East 22nd Street Rita McCarty
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense alcohol compliance violation for Bricktown
Brewery, 299 Main Street; Las Margaritas, 1575 John F. Kennedy Road; and Shannon's
Bar and Grill, 521 East 22nd Street.
ACTION REQUESTED:
City Council consideration to accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense alcohol compliance violation for Bricktown
Brewery, 299 Main Street; Las Margaritas, 1575 John F. Kennedy Road; and Shannon's
Bar and Grill, 521 East 22nd Street.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Bricktown Brewery
299 Main Street
Dubuque, IA 52001-6943
: RB Restaurant Management & Counsulting
: 299 Main Street
: Dubuque, IA 52001-6943
: ORDER ACCEPTING
: ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 20th day of January, 2009 in lieu of a public hearing on the matter, the
Dubuque City Council approves the attached Acknowledgement/Settlement Agreement
between the above-captioned permittee. and the City of Dubuque.
THEREFORE, the Dubuque City Council, FINDS that the above captioned
permittee has remitted to the City of Dubuque a civil penalty in the amount of five
hundred dollars ($500.00). Be advised that this sanction will count as a first violation of
Iowa Code 123.49, subsection 2, paragraph "h", pursuant to Iowa Code section 123.50,
subsection 3, paragraph "a". IT IS THEREFORE ORDERED that the judgment in this
matter is hereby satisfied.
PASSED AND APPROVE this 20th day of January 2009.
Kevin J. Lynch
Mayor Pro-Tem
Attest:
Jeanne F. Schneider, CMC, City Clerk
ALCOHOL COMPLIACE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Las Margaritas
1575 John F. Kennedy Road
Dubuque, IA 52002-5105
: Mayas, Incorporated
: 1575 John F. Kennedy Road
: Dubuque, IA 52002-5105
: ORDER ACCEPTING
: ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 20th day of January, 2009 in lieu of a public hearing on the matter, the
Dubuque City Council approves the attached Acknowledgement/Settlement Agreement
between the above-captioned permittee and the City of Dubuque.
THEREFORE, the Dubuque City Council, FINDS that the above captioned
permittee has remitted to the City of Dubuque a civil penalty in the amount of five
hundred dollars ($500.00). Be advised that this sanction will count as a first violation of
Iowa Code 123.49, subsection 2, paragraph "h", pursuant to Iowa Code section 123.50,
subsection 3, paragraph "a". IT IS THEREFORE ORDERED that the judgment in this
matter is hereby satisfied.
PASSED AND APPROVED this 20th day of January 2009.
Kevin J. Lynch
Mayor Pro-Tem
Attest:
Jeanne F. Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT
1st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Shannon's Bar and Grill
521 East 22nd Street
Dubuque, IA 52001-3536
: Shannon's Bar and Grill LLC
: 521 East 22nd Street
: Dubuque, IA 52001
: ORDER ACCEPTING
: ACKNOWLEDGEMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 20th day of January, 2009 in lieu of a public hearing on the matter, the
Dubuque City Council approved the attached Acknowledgement/Settlement Agreement
between the above-captioned permittee and the City of Dubuque.
THEREFORE, the Dubuque City Council, FINDS that the above captioned
permittee has remitted to the City of Dubuque a civil penalty in the amount of five
hundred dollars ($500.00). Be advised that this sanction will count as a first violation of
Iowa Code 123.49, subsection 2, paragraph "h", pursuant to Iowa Code section 123.50,
subsection 3, paragraph "a". IT IS THEREFORE ORDERED that the judgment in this
matter is hereby satisfied.
PASSED AND APPROVED this 20th day of January 2009.
Kevin J. Lynch
Mayor, Pro-Tem
Attest:
Jeanne F. Schneider, CMC, City Clerk