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