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Alcohol Compliance - Civil Penalties for Alcohol License HoldersTHE CITY OF ~V~ E Masterpiece on the Mississippi 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: March 9, 2009 Dubuque AN-An~ricattity ~~~.~ 2007 Chief of Police Kim Wadding is recommending acceptance and approval of the AcknowledgemenUSettlement Agreements for first offense alcohol compliance violations for Angie's Tap, 1401 Elm Street; Oky Doky, 1256 Iowa Street; Noonan's Tap, 1618 Central Avenue; Busted Lift, 180 Main Street and Lien Oriental Food, 115 West 11 t" Street. I concur with the recommendation and respectfully request Mayor and City Council approval. i Mi ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kim B. Wadding, Chief of Police THE CTTY OF DUB E Masterpiece on the Mississippi DATE: March 5, 2009 MEMORANDUM 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 for Angie's Tap, 1401 Elm Street; Oky Doky, 1256 Iowa Street; Noonan's Tap, 1618 Central Avenue; Busted Lift, 180 Main Street; and Lien Oriental Food, 115 West 11th 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 -Iowa Code §123.50 (a) 1St Violation: $5Q0 fine or 14-day suspension (b) 2"d Violation within 2 years: $1,500 fine or 30-day suspension (c) 3~d Violation within 3 years: $1.,500 fine and 60-day suspension (d) 4t" 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 or suspension notice. 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, Angie's Tap, 1401 Elm Street; Oky Doky, 1256 Iowa Street; Noonan's Tap, 1618 Central Avenue; Busted Lift, 180 Main Street and Lien Oriental Food, 115 West 11th Street has submitted the Acknowledgement/Settlement Agreement acknowledging the first offense alcohol compliance violation. Offense Vioiatfon~a'te ;-~~t~l~s #~:'~ ~~•-'~ :Address - k' rEmployee Violation ~.~, _ :,~..< ~ ~i; ~:9,=~ :~~,a~._ ~~~ 1 September 24, 2008 Angie's Tap 1401 Elm Street Suzanne Mary Lang 15 November 20, 2008 Oky Doky 1256 Iowa Street Shannon Marie Lipper 15 December 12, 2008 Noonan's Tap 1618 Central Avenue David Joseph Hastings 1S January 6, 2009 Busted Lift 180 Main Street Gina Marie Mentz 1 January 16, 2009 Lien Oriental Food 115 West 11 Street Tan Cao Tran RECOMMENDATION It is recommended the City Council accept and approve the attached Acknowledgement/ Settlement Agreements for a first offense alcohol compliance violation for Angie's Tap, 1401 Elm Street; Oky Doky, 1256 Iowa Street; Noonan's Tap, 1618 Central Avenue; Busted Lift, 180 Main Street and Lien Oriental Food, 115 West 11th Street. ACTION REQUESTED Action requested is for City Council consideration to accept and approve the attached Acknowledgement/ Settlement Agreements for a first offense alcohol compliance violation for Angie's Tap, 1401 Elm Street; Oky Doky, 1256 Iowa Street; Noonan's Tap, 1618 Central Avenue; Busted Lift, 180 Main Street and Lien Oriental Food, 115 West 11th Street. Cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk ALCOHOL COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 1ST VIOLATION Angie's Tap 1401 Elm Street Dubuque, IA 52001-4956 On this 16th 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. PASSE® AN® APPR®VE® this 16th day of March 2009. /~, Roy D,;~uol, Mayor Attest; eanne Schneider, CMC, City Clerk ALCOHOL COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 1ST VIOLATIONOky Doky 1256 Iowa Street Dubuque, IA 52001-4821 On this 16th 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 APPR®VED this 16th day of March 2009. Attest: Jeanne Schneider, CMC, City Clerk ALCOHOL COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 1ST VIOLATION Noonan's Tap 1618 Central Avenue Dubuque, IA 52001-3625 On this 16th 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. PASSE® AN® APPR®VE®this 16thday of March 2009. ~~#~., ~' ~~ Roy Q~Buol, Mayor Attest: '' ~C ~~ , eanne Schneider, CMC, City Clerk ALCOHOL COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 1ST VIOLATION Busted Lift 180 Main Street Dubuque,lA 52001-7629 On this 16th 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. PASSE® AN®APPR®VE® this 16t~day of March 2009. ~~ Roy D.,~iaol, Mayor Attest: / r eanne Schneider, CMC, City Clerk ALCOHOL COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 1ST VIOLATION Lien Oriental Food 115 West 11th Street Dubuque, IA 52001-4802 On this 16th 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. PASSE® AN® p-PPR®VE® this 16th day of March 2009. d Roy D,~Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk