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Alcohol Compliance - Civil Penalties for Alcohol License HoldersTHE 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 License Holders DATE: February 24, 2009 Chief of Police Kim Wadding is recommending acceptance and approval of the Acknowledgement/Settlement Agreements for a first offense alcohol compliance violation for Fat Tuesday's, 1121 University Avenue, and The Lounge, 481 Locust Street. I concur with the recommendation and respectfully reques Mayor and City Council approval. Michael C. Van Milligen MCVM/jh 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 DATE: February 19, 2009 MEMORANDUM TO: Michael C. Van Milligen City Manager FROM: Kim B. Waddin 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 Fat Tuesday's, 1121 University Avenue and The Lounge, 481 Locust 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 clerk/employee 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 -1owa Code §123:50 (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 60-day suspension (d) 4th Violation within 3 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, Fat Tuesday's, 1121 University Avenue and The Lounge, 481 Locust Street has submitted payment and the Acknowledgement/Settlement Agreement acknowledging a first offense alcohol compliance violation. Offense Violation Date Business Address Employee I Violation 1S September 30, 2008 Fat Tuesday's 1121 University Avenue Sheryl A. Tomkins 1S September 26, 2008 The Lounge 481 Locust Street Mary Love RECOMMENDATION: It is recommended the City Council accept and approve the attached Acknowledgement/ Settlement Agreements for a first offense alcohol compliance violation for Fat Tuesday's, 1121 University Avenue and The Lounge, 481 Locust Street. ACTION REQUESTED: City Council consideration to accept and approve the attached Acknowledgement/ Settlement Agreements for a first offense alcohol compliance violation for Fat Tuesday's, 1121 University Avenue and The Lounge, 481 Locust Street. Cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk ALCOHOL COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 1ST VOILATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: The Lounge 481 Locust Street Dubuque, IA 52001-6940 Phillip R. Love 481 Locust Street Dubuque, IA 52001 ORDER ACCEPTING ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 2nd day of March, 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 day of March 2009. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk ALCOHOL COMPLIANCE ACCEPTANCE ACKNOWLEDGMENT/SETTLEMENT AGREEMENT 1st VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Fat Tuesday's 1121 University Avenue Dubuque, IA 52001-6161 IBRICO, Incorporated 1121 University Avenue Dubuque, IA 52001 ORDER ACCEPTING ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 2nd day of March, 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 day of March 2009. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk