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Alcohol Compliance - Civil Penalties for Alcohol License HoldersTHE CITY OF Dubuque -. DT T~ ~' A~-Amer~aC~r ~1 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. { e °~ f L Roy D, Buol, Mayor