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: April 28, 2009
Chief of Police Kim Wadding is recommending that the City Council accept the
Acknowledgement/Settlement Agreements for a first offense alcohol compliance
violation for The Channel Inn, 2010'/2 Kerper Boulevard, a 14-day first offense liquor
license suspension for Haun's Special Meats, 3033 Asbury Road, and to set a first
offense alcohol civil penalty hearing for May 18, 2009, regarding The Club House, 2364
Washington Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mi hael 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: April 24, 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 Haun's Special Meats, 3033 Asbury Road;
The Club House, 2364 Washington Street; and The Channel Inn, 2010 '/ Kerper
Boulevard.
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} 2nd Violation within 2 years:'$1,500'fine and 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, The Channel
Inn, 2010 %2 Kerper Boulevard, has submitted payment and the Acknowledgement/
Settlement Agreement acknowledging a first offense alcohol compliance violation.
Haun's Special Meats, 3033 Asbury Road, has requested to serve a first offense 14-day
suspension instead of paying the civil penalty. Melvin G. Spiegelhalter of The Club House,
2364 Washington Street, has requested a first offense civil penalty alcohol hearing before
the City Council.
Offense Violation Date ;Business. AddressEmployee
Violation
1 Janua 6, 2009 Haun's S ecial Meats 3033 Asbu Road Debra Ann Roth
1S Janua 16, 2009 The Club House 2364 Washin ton Street Lorlie Lorraine Da ue
15 February 19, 2009 The Channel Inn 2010'/Z Kerper Boulevard Sarah Jane Thilmanv
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense alcohol compliance violation for The Channel Inn,
2010'/ Kerper~Boulevard, the 14-day license suspension for Haun's Special Meats, 3033
Asbury Road, and to set a first offense alcohol civil penalty hearing for May 18, 2009
regarding The Club House, 2364 Washington Street.
ACTION REQUESTED:
City Council consideration to accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense alcohol compliance violation for The Channel Inn,
2010 '/ Kerper Boulevard, a 14-day first offense liquor license suspension for Haun's
Special Meats, 3033 Asbury Road, and to set a first offense alcohol civil penalty hearing for
May 18, 2009 regarding The Club House, 2364 Washington Street.
Cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
ALCHOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT
1ST VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
The Channel Inn
2010 1/2 Kerper Boulevard
Dubuque, IA 52001
Carolyn Kay Fonck
2010 1/2 Kerper Boulevard
Dubuque, IA 52001
OR®ER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 4th day of May, 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® APID APPOVE this 4th day of May 2009
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
ALCHOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT
1ST VIOLATION
BEFORE THE DUBUQUE CITY COUNCILHaun's Special Meats
3033 Asbury Road
Dubuque, IA 52001
On this 4th day of May, 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 for the suspension of
their liquor license for a period of fourteen (14) days.
THEREFORE, the Dubuque City Council, FINDS that the above captioned
permittee has requested, in lieu of the first offense civil penalty in the amount of five
hundred dollars ($500.00), to have their liquor license suspended for a period of
fourteen (14) days. 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 4th day of May 2009.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider
BEFORE THE CITY COUNCIL
OF
THE CITY O DU U lE, IOWA
In the Matter of The Club House
2364 Washington Street
Dubuque, IA 52001
d/b/a/
Melvin G. Spiegelhalter
2745 Balboa Drive
Dubuque, IA 52001
NOTICE AND ORDER SETTING HEARING
ON
APPLICATION FOR DETERMINATION REGARDING ALCOHOL COMPLIANCE
VIOLATION 1ST OFFENSE
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, The Club House, 2364 Washington 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 18t" 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 ~ day of ~ ~ , 2009.
r~
Roy D. B I, Mayor
L L C LIANCE PTa4NC
ACKN L M N`T/ TTLEM NT E M NT
1st VI LATI
E E TH U lJ CITY C lJN IL
IN RE: Tott's Tap, Incorporated
Tott's Tap 17310 Clay Hill Road
3457 Jackson Street Dubuque, lA 52002-9715
Dubuque, IA 52001 ®RDE ACCEPTING
ACKN®V~LEDGMENT/SETTLEMENT
AGREEMENT
FIRST VI®LATI®N
On this 4th day of May, 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 day of May 2009.
--
a
Roy D. E3uol, Mayor
Attest:
J _"' ~~ /
.-"'~
( r''~ ( ,
,,' eanne Schneider, CMC, City Clerk