Alcohol Compliance - Civil Penalties for Alcohol License HoldersTHE CITY OF Dubuque
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Masterpiece on the Mississippi
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: April 14, 2009
Chief of Police Kim Wadding recommends City Council approval of the
Acknowledgement/Settlement Agreements for a first offense alcohol compliance
violation for House of China, 170 John F. Kennedy Road, and Applebee's
Neighborhood Grill and Bar, 1395 Associates Drive; and acceptance and approval of
the payment and the Acknowledgement/Settlement Agreement when it is received for a
first offense alcohol compliance violation for HIBA Petroleum (Clarke of Dubuque), 700
Rhomberg Avenue.
Additionally, it is recommended that a first offense alcohol civil penalty hearing be
scheduled for May 4, 2009 regarding the Tott's Tap, 3457 Jackson Street, concerning
their December 18, 2008 alcohol violation.
I concur with the recommendation and respectfully request 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
DUB E
Masterpiece an the Mississippi
DATE: April 14, 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 to House of China, 170 John F. Kennedy Road;
Applebee's Neighborhood Grill and Bar, 1395 Associates Drive; RIBA Petroleum (Clarke of
Dubuque), 700 Rhomberg Avenue and Tott's Tap, 3457 Jackson 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: $500 fine or 14-day suspension
(b) 2"d Violation within 2 years: $1,500 fine and 30-day suspension
(c) 3~d 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 allow 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, House of China,
170 John F. Kennedy Road and Applebee's Neighborhood Grill and Bar, 1395 Associates
Drive has submitted payment and the Acknowledgement/Settlement Agreement
acknowledging a first offense alcohol compliance violation.
HIBA Petroleum (Clarke of Dubuque), 700 Rhomberg Avenue was contacted and reports
they will submit payment and the Acknowledgement/Settlement Agreement for the first
offense by April 15, 2009.
On April 14, 2009 follow-up contact was made with Tott's Tap regarding the first violation,
Lisa Tott requests to be heard by the City Council concerning the violation. We propose to
schedule the first offense alcohol civil penalty violation hearing for May 4, 2009.
Offense
Violation
15 Violation Oahe
Janua 30, 2009 Business Address
House of China 170 John F. Kenned Road Employee
Danielle Me er
15 Februa 10, 2009 A lebee's Grill 1395 Associates Drive Emil Schrobil en
1S Janua 22, 2009 HIBA Petroleum 700 Rhomber Avenue Ruthann Hartle
1S December 18, 2008 Tott's Ta 3457 Jackson Street Matthew G. Tott
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense alcohol compliance violation for House of China,
170 John F. Kennedy Road and Applebee's Neighborhood Grill and Bar, 1395 Associates
Drive. We would recommend City Council consideration to accept and approve the
payment and the Acknowledgement/Settlement Agreement when it is received for a first
offense alcohol compliance violation for HIBA Petroleum (Clarke of Dubuque), 700
Rhomberg Avenue.
Additionally, we would recommend a first offense alcohol civil penalty hearing be scheduled
for May 4, 2009 regarding Tott's Tap, 3457 Jackson Street concerning their December 18,
2008 alcohol violation.
ACTION REQUESTED:
City Council consideration to accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense alcohol compliance violation for House of China,
170 John F. Kennedy Road and Applebee's Neighborhood Grill and Bar, 1395 Associates
Drive. We would request City Council consideration to accept and approve the payment
and the Acknowledgement/Settlement Agreement when it is received for a first offense
alcohol compliance violation for HIBA Petroleum (Clarke of Dubuque), 700 Rhomberg
Avenue.
Additionally, we would request a first offense alcohol civil penalty hearing be scheduled for
May 4, 2009 regarding the Tott's Tap, 3457 Jackson Street concerning their December 18,
2008 alcohol violation.
Cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGE/SETTLEMENT AGREEMENT
1ST VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
I N RE:
House of China
170 John F. Kennedy Road
Dubuque, IA 52001
On this 20th day of April, 2009 in lieu of a public hearing on the matter, the
House of China Company
: 170 John F. Kennedy Road
Dubuque, IA 52001
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
Dubuque City Council approves the attached AcknowledgementlSettlement 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 April 2009
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT
1ST VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Applebee's Neighborhood Grill & Bar
1395 Associates Drive
Dubuque, lA 52002
: Applebee Corporation, LP
1395 Associates Drive
Dubuque, IA 52001
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 20th day of April, 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 April 2009
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT
1ST VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
HIBA Petroleum
700 Rhomberg Avenue
Dubuque,lA 52001
Omer Farooq
700 Rhomberg Avenue
Dubuque, IA 52001
: ORDER ACCEPTING
ACKNOWLEDGEMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 20th day of April, 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 judgmerit in this
matter is hereby satisfied.
PASSED AND APPROVED this 20th day of April 2009.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
EFO E THE CITY COUNCIL
OF
THE CITY OF ®U UQUE, IOWA
In the Matter of Tot's Tap, Incorporated
17310 Clay Hill Road
Dubuque, IA 52002-9715
d/b/a/
Tot's Tap
3457 Jackson Street
Dubuque, IA 52001
NOTICE AN® OR®ER SETTING HEARING
ON
APPLICATION FOR ®E°fERMINATION REGAR®ING ALCOHOL COMPLIANCE
VIOLATION 1ST ®FFENSE
The Application for Determination regarding Alcohol Compliance Violation, 1St
Offense having been filed by the City Manager with the City Council to determine
whether the alcohol permittee, Tot's Tap, 3457 Jackson Street, Dubuque, Iowa
constitutes a first violation of Iowa's Alcohol law § 123.49 and §123.50, and the City
Council having determined that a hearing should be set on the Application and Notice
thereof provided to the alcohol permit holder.
You are hereby notified that a hearing is set for the 4t" day of May, 2009, 6:30
o'clock P.M. at the Historic Federal Building, 2nd floor, 350 West 6th Street, Dubuque,
Iowa, on the Application for Determination regarding Alcohol Compliance Violation, 1st
Offense, a copy of which is attached hereto.
A copy of this Notice shall be posted on the building at and a copy shall be
delivered personally to business owner, .
Dated this loth day of APr'-1 2009.
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Roy D, Buol, Mayor