Alcohol Civil Penalty Hearing - Tott's Tap (See Consent #12)THE CITY OF DUBUQUE
Masterpiece on the Mississipi
Dubuque
All-American City
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Alcohol Compliance - Tott's Tap, Hearing May 4, 2009
DATE: April 28, 2009
Chief of Police Kim Wadding recommends that the City Council hold a hearing on
May 4, 2009, regarding Tott's Tap, 3457 Jackson Street, concerning at 1st offense civil
alcohol compliance violation to determine it an alcohol compliance civil penalty should
be assessed.
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 DUBUQUE
Masterpiece on the Mississippi
MEMORANDUM
DATE: April 27, 2009
TO: Michael C. Van Milligen
City Manager
FROM: Kim B. Wadding
Police Chief
R Alcohol Compliance - Tott's Tap Hearing May 4, 2009
INTRODUCTION:
The purpose of this memorandum is to provide background material regarding an alcohol
compliance violation alleged to have occurred December 18, 2008 at the Tott's Tap, 3457
Jackson Street in violation of Iowa code §123.49(h). The hearing is scheduled for the City
Council meeting May 4, 2009.
BACKGROUND:
In cooperation with the Iowa Department of Health in the prevention of alcohol sales to
underage youth, the police department conducts periodic alcohol compliance checks to area
alcohol license holders to ensure compliance with Iowa code §123.49(h) regarding the sale of
alcohol to underage persons.
On December 18, 2008 the Dubuque Police Department conducted a number of these alcohol
compliance checks. The compliance checks employ underage youth supervised by Dubuque
Police Officers. The compliance check consists of the following:
1) An underage youth working with Dubuque Police Officers enters the liquor license
holder business and requests the purchase of an alcohol product.
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 Gode §1 X3.50
(a) 1sf Violation: X500 fine or 14~day suspension
(b) 2nd Violation within 2 yews: $1,500 fine and a 30mday suspension
(c) 3rd Violation within 3 years: $1,500 fine and 60~day suspension
(d) 4th Violation within 3 years: revocation
DISCUSSION:
On December 18, 2008 at 6:33 P.M. the police department conducted an alcohol compliance
check at Tott's Tap, 3457 Jackson Street. During the compliance check an officer from the
police department entered Tott's Tap and observed while two compliance monitors (age 17
and 15) entered and sat at the bar and ordered two Budlight beers. The male bartender,
Matthew G. Tott, sold the beer to both compliance monitors for a total price of $4.50 ($2.25 per
beer). After completion of the sale, the compliance monitors left the business and met with
Officer O'Brien.
Officer O'Brien entered Tott's Tap and identified himself as a police officer and told Matthew
Tott he had sold alcohol to two underage persons. Matthew Tott was cited for two counts of
providing alcohol to persons under 21 in violation of Iowa Code §123.49(h). After issuing the
citations Officer O'Brien spoke to the owner, Lisa Tott, by telephone and explained the
situation to her. According to Iowa District Court on-line reporting, Matthew Tott plead guilty to
providing alcohol to persons under 21 February 18, 2009 and was fined $500 with court and
surcharge costs of $210 for a total of $710.
On March 13, 2009 two certified letters (one to the business and one to the liquor license
holder) were sent to Tott's Tap, 3457 Jackson Street explaining the violation and to give notice
regarding the civil penalty for violation of Iowa's Alcohol law 123.49(h). The correspondence
contained the Hearing Complaint, the police report and the guilty plea of the employee.
Additionally, the correspondence contained an Acknowledgement/Settlement Agreement
allowing the acceptance of the violation and the payment of the 1St offense civil penalty of
$500. On April 14, 2009 follow-up contact was made with Lisa Tott of Tott's Tap regarding the
civil violation. Lisa Tott requested to be heard by the City Council. As a result, the City Council
set May 4, 2009 at 6:30 P.M. as the hearing date for Tott's Tap, 3457 Jackson Street regarding
being heard concerning the alcohol civil penalty.
On April 27, 2009 Lisa Tott personally received notice of the hearing coupled with a posted
copy at the business. The notice contained a NOTICE AND ORDER SETTING HEARING ON
APPLICATION FOR DETERMINATION REGARDING ALCOHOL COMPLIANCE VIOLATION
1ST OFFENSE and attachments that included the original Hearing Complaint, the officer report,
and the Iowa District Court on-line disposition report showing the employee guilty plea and
assessment of fine.
RECOMMENDATION:
It is recommended the City Council hold an alcohol compliance hearing May 4, 2009 regarding
the 1St offense civil penalty violation concerning the December 18, 2008 violation for Tott's Tap,
3457 Jackson Street, to determine if the civil penalty should be assessed.
ACTION REQUESTED:
We request City Council to hold a hearing regarding Tott's Tap, 3457 Jackson Street
concerning a 1St offense civil alcohol compliance penalty violation. We request the hearing be
held May 4, 2009 to determine if the alcohol compliance civil penalty should be assessed.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
BEFORE THE CITY COUNCIL
OF
THE CITY OF DUBUQUE, IOWA
In the matter of Tot's Tap Incorporated
17310 Clay Hill Road
Dubuque, IA 52002-9715
b/d/a/
Tot's Tap
3547 Jackson Street
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, 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 thafi 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 4th 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 20th day of April 2009.
Roy D. Buol, Mayor
ALCOHOL COMPLIANCE COMPLANT
1ST VIOLATION
IN RE: Tot's Tap, Incorporated
Tot's Tap 17310 Clay Hill Road
3457 Jackson Street Dubuque, IA 52002-9715
Dubuque, IA 52001 HEARING COMPLAINT
The City of Dubuque hereby makes the following complaint against the above-
named permittee.
1. Iowa Code section 123.49, subsection 2, paragraph "h", provides that no
person shall sell, give, or otherwise supplies any alcoholic beverage, wine, or beer to
any person, knowing or failing to exercise reasonable care to ascertain whether the
person is under legal age, or permit any person, knowing or failing to exercise
reasonable care to ascertain whether the person is under legal age, to consume any
alcoholic beverage, wine, or beer.
2. Iowa-Code section 123.50 provides that if any licensee, wine permittee,
beer permittee, or employee of a licensee or permittee is convicted or found in violation
of section 123.49, subsection 2, paragraph "h", the local authority shall, in addition to
criminal penalties, assess a civil penalty.
3. Iowa Code section 123.50, subsection 3, paragraph "a" provides a first
violation of Iowa Code section 123.49, subsection 2, paragraph "h", with a civil penalty
in the amount of five hundred dollars ($500). Failure to pay the civil penalty as ordered
shall result in an automatic suspension of the license or permit for a period of fourteen
days.
4. On or about 12/18/2008, the permittee or an employee of the permittee
sold any alcoholic beverage, wine, or beer to a person under legal age. A copy of the
Compliance Check or Criminal Conviction is attached and incorporated herein.
5. Therefore, in accordance with Iowa law, the City of Dubuque requests the
Dubuque City Council find a violation of the above-referenced sections of Iowa Code
chapter 123.50 and assess a civil penalty in the amount of five hundred dollars
($500.00) against Tot's Tap 3457 Jackson Street Dubuque, IA 52001.
Kim B. Wading, Police Chief
Dubuque Police Department
770 Iowa Street
Dubuque, IA 52002
(563) 589-4411
DUBUQUE POLICE DEPARTMENT LICENSED ESTABLISHMENT INSPECTION
OWNER ADDRESS
LICENSES `
LIQUOR .^B ER
QUOR/BEER
TOBACCO
OTHER
SPECIFY
.PURPOSE FOR INSPECTION
ROUTINE-ANNUAL FIRE CODE INFORMATION
DISTURBANCE YES NO
KEPT of UNDERAGE EXIT SIGNS VISIBLE
REPT of DRUGS EXITS OBSTRUCTED
ALCOHOL COMPLIANCE WITHIN OCCUPANCY LOAD
TOBACCO COMPLIANCE
SMOKE FREE AIR ACT
FULL INSPECTION
ASSIST OTHER AGENCY
OTHER (Specify Irt Narr)
fYV~nl,dt21 L
4RRESTEE NAME
EXP
EMPLOYEE INFORMAL-ION
BARTENDER NAME ,
CLERK
ADDRESS DOS
BARTENDER NAME
1 CLERK
SMOKE FREE AIR ACT INFO ADDRESS _ Doe
NO SMOKING SIGNS VISIBLE
ASHTRAYS PRESENT PRESENT MANA-GCE-R~/OWNER NtAM~E
PERSONSSMbKING `NOTIFIED
• PERSONS ARRESTED - C1~lARGED (Additional on Reverse)
DOB CHARGE(S)
L / /llv a!2
DOB C°HARGE(S) J
. VIOLATIONS OBSERVED or, CHARGED (Check A[I That Apply) .•
INDIVIDUALS
PUBLIC INTOXICATION - IA 123.46
PERSONS UNDER 21 IN BAR AFTER 2100 HRS (18-20 YRS OLD) -DBQ 5-7.2A
PERSONS UNDER 2i IN BAR AFTER 2100 HRS (UNDER 18) -DBQ 5-7.2A
POSSESSION ALCOHOL UNDERAGE - IA 123.47
MISREPRESENTATION OF AGE TO PURCHASE ALCOHOL - IA 123.49(3)
UNLAWFUL USE OF DL OR ID TO PURCHASE ALCOHOL - IA 321,2168
U/NLAWFUL USE OF DL OR ID TO PURCHASE TOBACCO - IA 321.216C
~''bISORDERLY CONDUCT • IA 723.4
SMOKING IN,PROHIBITED AREA - IA 1420,9 '
POSSESSION TOBACCO UNDERAGE -FIRST OFFENSE - IA 453A.2(A)
POSSESSION TOBACCO UNDERAGE -SECOND OFFENSE - IA 453A.2(C)
POSSESSION TOBACCO UNDERAGE-THIRD OFFENSE- IA453A.2(D)
INTERFERENCE WITH OFFICIAL ACTS - IA 719.0
I OTHER (SPECIFY)
BUSINESS .
SERVING INTOXICATED PERSON - IA 123.49(1)
EMPLOYEE PROVIDING ALCOHOL TO UNDERAGE PERSON - IA 123,49(2H)(A)
OWNER PROVIDING ALCOHOL TO UNDERAGE PERSON - IA 123.49(2H)(B)
PROVIDING TOBACCO TO UNDERAGE PERSON 1 Si' OFFENSE - IA 453A.2 .
PROVIDING TOBACCO TO UNDERAGE PERSON 2ND OFFENSE - IA 453A.2(A)
^ PROVIDING TOBACCO TO UNDERAGE PERSON 3RD OFFENSE - IA 453A.2(B)
LIQUOR IN CONTAINER OTHER THAN ORIGINAL - IA 123.49(2)0
PUBLIC INTOXICATION - IA 123.55
DISORDERLY CONDUCT - IA 723.4
INTERFERENCE WITH OFFICIAL ACTS - IA 719.1
PERMITTING PERSON UNDER 21 IN BAR AFTER 2100 HRS - 080 5-7.2C
VIOLATION OF BUFFET DRINKING ORDINANCE- DBQ 5-9
VIOLATION OF SMOKE FREE AIR ACT - IA 1420.9
OTHER (SPECIFY)
LICENSE RENEWAL RECOMMENDATION DETAILS IN
YES ®' NO n NARRATIVE
DUBUQUE POLICE DEPARTMENT LICENSED ESTABLISHMENT INSPECTION PAGE 2 OF ~
ARRESTEE ivriJ~~ DOB CHARGE(S)
ARRESTEE NAME IDDB IDr+Hn~t~~)
ARRESTEE NAME DOB CHARGE(S)
DUBUQUE POLICE DEPT.
SUPPLEMENTARY REPORT
Initial Report
Offense: Sell Alcohol to a Person
Under Age
sne
-Additional Information
Victim: State of Iowa
CASE lvo: 08-57949
Related Cases:
Page 1 of 1
On December 18, 2008 CPL Eastvedt, OFF Bowers, and OFF O'Brien were
engaged in conducting alcohol and tobacco compliance checks at various businesses
in the community during which time CPL Eastvedt, and OFF Bowers entered Tott's Tap
located at 3457 Jackson Street in plain clothes at approximately 1830 hours and
observed while 15 year old Compliance Monitor CAC and 17 year old Compliance
Monitor CC entered and requested to purchase two bottles of Bud Light Beer.
CPL Eastvedt, and OFF Bowers observed that at approximately 1833 hours the
W/M bartender took the order and made the sale of alcohol to CAC and CC for $4.50
($2.25 each) without requesting an ID from either youth. (See Licensed Establishment
Report) CAC and CC then placed the two 12oz bottles of Bud Light Beer on the bar at
which they were sitting. After the sale was completed Compliance Monitors CAC and
CC exited the businesses and conferred with OFF O'Brien who was waiting outside the
business.
CPL Eastvedt and OFF Bower remained inside the business and observed the
W/M bartender until the entry of OFF O'Brien, and continued to observe as OFF
O'Brien identified himself as a Dubuque Police Officer, advised the W/M bartender that
he had just sold alcohol to persons who were under the age of twenty-one and that the
officer would need to see his identification as well as the liquor license for the business.
The W/M bartender admitted making the sale and admitted that he did not ask for or
check an ID. The bartender presented an ID to OFF O'Brien which confirmed his
identity as MATTHEW G TOTT W/M DOB 04/19/1984 and provided a local address of
17310 Clay Fiiil Road, Dubuque. OFF O'Brien inspected the business licenses and
issued the citations to TOTT for selling alcohol to persons less than twenty-one years
of age.
After issuing the citations, OFF O'Brien asked to notify the manager regarding
the violation of the alcohol laws and TOTT directed OFF O'Brien to speak to the owner,
LISA TOTT, vie telephone. OFF O'Brien then explained the Civil Penalty process to
LISA TOTT.
CPL. Eastvedt and later OFF Bowers were required to leave the tavern while
OFF O'Brien completed the violation due to the fact that two of the patrons had exited
the tavern and were beginning to harass. the compliance youth as they waited in CPL
Eastvedt's motor vehicle. Both patrons, MICHAEL JAMES MAUS W/M DOB
10/24/1958 and BRETT THOMAS AVENARIUS W/M DOB 03/09/1983 were both
arrested for Disorderly Conduct and Public Intoxication and were thereafter transported
to the DLEC in marked police vehicles. OFF Cox transported AVENARIUS while CPL
Steil transported MAUS.
_Prop/Veh Report Filed X Continued on SR 10 Current Status Excp Clr
DATE: 12/18/2008 ^
Rpt. Off(s): CPL Steve Eastvedt Bdg: L3 CO App: Bdg:
COMPLAINT
IOWA UNIFORM CITATIONAND COMPLAINT
DUBUQUE POLICE DEPT.
-State of Iowa
^ County of Dubuque No. 31
^ City of Dubuque
City
DL#
DL Class ~ DL End. ° DL Rest. DUState ID Viewed? Yes.~f/N7o~
DOB RaceEthn. N Sex-Ht.
WlBll/A/U H/N/U
^ AM
The undersigned states that on or about
defendant did unlawfully: Mo. Day Yr.
Operate Motor V )
CDL Req? Yes ^ No ~, Pass. End. Req? Yes ^ No ~] HazMat End. Req? Yes ^ Ne~
Reg# State Year US DOT #
Up ~ n a tci°rigtaway at
Located in the county and state aforesaid and did then
there commit the following offense;
^ Traffic ^ Navigation ' ^ Snowmobile/ATV ^ Fish-Game ^ Parks ^ Tobacco
~f Schad, Vioation/Fine $ ~ Q d O ^ Road Work Zone
Criminal Surcharge $ ~ Pr-,~)• QrJ ^ Non-scheduled Violation
Co. Enf. Surcharge $ ^ CourtAppearance Required (805.10) ' .
Court Costs $ ~ C~
' Reason:
^ Serious P.I ^ Fatal Accident
Total Fine/Costs $ ~ ~jS, /11i men
Mo. Day Yr. Officers Signature I.D. No.
Court Date: If you must appear In coud or It you chosse to appear to answer to a charge which does not require an
appe/a~rance, /report to the above named court on: /~
NOTICE: Providing false Information Is a violation of Section 719.3 of the Code of Iowa and is punishable as an
aggravated misdemeanor.
You hereby are given notice That within a reasonable time but no later than the date scheduled For your initial
appearance acitation/complain! sworn under oath tvill be filed with the district court clerk of the county in which the
cilatlon was Issued.
Nly signature beloai ie not a plea of guilty, but acknowledges all of the following:
1. I hereby swear and affirm That lha Information pravlded by me on This cilatlon is true under penalty of providing false
Information.
2. I promise to appear In said court at said lime and place, or I tvlll comply vr(th the provision on the top of the reverse side of
the citation.
The following applies to simple misdemeanors only:
3. I hereby give my unsecured appearance bond in the amount ei Q 6 ~ dollars and enter my written apoearancs. I
agree Thal if I fail to appear in Peron or by counsel to defend against the offense charged in This citation, the court is
authorized to enter a conviction and render judgment against ma far the amount of my appearance bond in satisfaction of the
penalty and surcharoe p ~ s cour rya is,
Signature ofi Defendant
In the Court at; 2hd Floor, 7th Street and Central Avenue, Dubuque, Iowa
vs:
' COMPLAINT
IOWA UNIFORM CITATION AND COMPLAINT
DUBUQUE POLICE DEPT.
State of Iowa
^ County of Dubuque No
^ City of Dubuque
In the Court at: 2r1d Floor,, 7~treet and Central Avenue, Dub~lowa
vs;
Name
City ~~ Sfate~Zip
~ DL# ~°Sc ~~5 ~~ ~ State --L ' V
DL Class ~ DL End. -'~'" DL Rest. --° DUStaie ID Viewed? Yes;® No ^
I
' DOB ~ / ~ Race Ethn.___,~Sex~'il Ht._s~Wt. >/~E'
WW B--~IU H/N/U
~~ ~ AM
The undersigned states that on or about ~ / ~~ ~ / ~ at ---!~? .3 ~-- .~,] PM
defendant d(d unlawfully: o. _ Day Yr.
O a e Ic t7e)
CDL Req? Yes ^ No~ Pass. End. Req? Yes ^ No~ HazMat End. Req? Yes ^ No ^
Reg# State Year US DOT #
Located in the county and state aforesaid an did then and there commit the following offense:
^Traffic ^ Navigation ^ Snowmobile/ATV ^ Fish-Game ^ Parks ^ Tobacco
1
C~Sched. Vioaticn/Fine $ ,~ ~l V Q_C;I ^ Road ~A/ork Zone
Criminal Surcharge $ r ` ) ~c7 ^Npn-scheduled Violation
Co. Enf. Surcharge $ ~ ^ Court Appearance Required (305.10)
COUrt COStS $ ~ j~ , 8 Reason:
^ Serieus P.I ^ Fatal Accident
Total Fine!Costs $ /~ / (~', ~ d ^ Civil Damage Assessment ^Other
' / l /,~A/// // J~^
V101atI0n '~~ " / .~/y/ R ,`~C~~~~l~( !~/.~/~~.~r_~~1 U~, ~~/~Gn,~j/
Speed in Zone Sec. ~ S ~~-~ ,~(r 20_ IA Code`
DATA CODE Fed/Adm. Code P ,Local Ord. -
Dated ~~ / ~;~! 0'~ ~ ''4~ ~~
Mo. Day Yr. Oficer's ature I.D. No.
Court Date: If you must appear In coud or if you chosse to appear to answer to a charge which does not require an
appearance, /Jreport to the above named court on:~i
Mo. Day Yr.
NOTICE: Providing false Information is a violation of Section 779.3 of the Code of Iowa and is punishable as an
aggravated misdemeanor.
Yeu hereby are given notice Thal within a reasonable t(me but no later than the date scheduled far your initial
appearance a cllallonlcomplalnl sworn under oath will 6e filed with the district court clerk of the county in which the
citation was Issued.
My signature below is not a plea of guilty, bu4 acknoavledges all of the folicwing:
1. I hereby swear and affirm that the Information provided by me on this citation is true under penalty of providing raise
Information.
2, I promise to appear In said court at said Ilme and place, or I will comply w(th the provision on the top of the reverse side of
the citation.
The following applies to simple misdemeanors only: ~ ~
3. I hereby give my unsecured appearance bond in the amount e. ~ dollars end enter my written appearance. I
agree Thal if I fail to appear in person or by counsel to defend against the orfense chareed in this citation, the court is
authorized to enter a conviction and render judgment against me for the amount of my appearance bond in sa~isladion of :he
penally and surch~ s o• costs.
.~ J ~~r ~ .
Signature cf Defendant
Charges
Charges, Dispositions, Sentences
Title: STATE vs. TOTT, MATTHEW GLENN
Case: 01311 STA0015778 (DUBUQUE)
Citation Number:
Defendant: TOTT, MATTHEW GLENN
Count O1 Charge
Charge: 123.49(2)(H)-D
Offense 12/18/2008
Date:
DPS
Number:
Adjudication
Page 1 of 1
Description: SUPPLY ALCOHOL TO PERSO
EMPLOYEE
Arrest Against Type:
Date:
Charge: 123.49(2)(H)-D Descri tion: SUPPLY ALCOHOL TO PERSO'
p EMPLOYEE
Adj.: GUILTY - Adj.Date: 02/18/2009
NEGOTIATED/VOLUN PLEA
Adj.Judge: MCCLEAN, DAN (MAGISTRATE)
Comments:
Sentence
Charge: 123.49 (2) (H)-D
Sentence 02/18/2009
Date:
Appeal:
Facility
Type:
Restitution: N
Lic.Revoked: N
Fine 500
Amount:
Comment:
Description: SUPPLY ALCOHOL TO PERSO;
EMPLOYEE
Sentence: FINE
Sen.Judge: MCCLEAN, DAN (MAGISTRA`I
Attorney; N
Drug: N Extradition:
DDS: N Batterer:
Duration:
httn://www.iowacourts.state.ia.us/FSAWehAnn/TViewr;harues?frnmPrintPrFriPnrilvPa~P=v ~/a/~nnA
Financials
Financials
Title; STATE vs. TOTT, MATTHEW GLENN
Case: 01311 STA0015778 (DUBUQUE)
Citation Number:
Su--- mmar~' Orin Paid
COSTS 50.00 0.00
FINE 500.00 0.00
SURCHARGE 160.00 0.00
RESTITUTION 0.00 0.00
OTHER 0.00 0.00
$710.00 $0.00
Make a Payment on this case
SUPPORT/ALIMONY
N/A 0.00
Detail P-~°r/ ®bli~or/
P_ a~ee Obli ee
Page 1 of 1
Due
50.00
500.00
160.00
0.00
0.00
$710.00
N/A
Orin Amount Pd. Amount .Date Re_ cent Tyne
httn://www.iowacourts.state.ia.us/ESAWebAnn/TViewFinancials?frnmArinterFrienrllvPaoP ~/4/~M9
ALCOHOL COMPLIANCE
ASSESSING PENALTY
1ST VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE: Tott's Tap, Incorporated
Tott's Tap 17310 Clay Hill Road
3457 Jackson Street Dubuque, IA 52002-9715
Dubuque, IA 52001 ORDER ASSESSING PENALTY
FIRST VIOLATION
On this 4th day of May, 2009, after a public hearing on the matter, the Dubuque
City Council finds that based upon evidence submitted by the Dubuque Police
Department, the above-captioned permittee committed a violation of Iowa Code
§123.49 (h), selling, giving, or otherwise supplying alcohol to any person under twenty-
one years of age.
THEREFORE, the Dubuque City Council, hereby orders that a civil penalty in the
amount of $500.00 be remitted by the above-captioned permittee, to the City of
Dubuque, check made payable to the City of Dubuque on or before June 3, 2009 (30
days from the date of this order). This sanction will count as a first violation of Iowa
Code section §123.50, pursuant to Iowa Code section §123.49 (h). Be advised that
failure to pay the civil penalty by this date shall result in the automatic license
suspension for a period of fourteen (14) days.
PASSED AND APPROVED this day of May 2009.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
In the Matter of
BEFORE THE CITY COUNCIL
OF
THE CITY OF DUBUQUE, IOWA
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 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, 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 4th 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 20th day of April
, 2009.
Roy D): uol, Mayor
STATE OF IOWA
) ss.
COUNTY OF DUBUQUE
I certify receipt of the attached notice for service on et\.t,� 2 ' ), 20
and that I served it on each defendant named below by: `l
(a) delivering to the defendant a true copy at the time and place set forth
opposite the defendant's name below.
Name
Lisa Tott
Date Township County State
/0k ZvDubuque Iowa
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a genuine copy of the foregoing document was
served by personal service upon the persons named below and at the addresses
indicated on the 21 t day of , 2009.
Dated: 'V2"1/0\
Served on:
The Person of:
Lisa Tott
17310 Clay Hill Road
Dubuque, IA 52002-9715
(co%
fficer Signature I.D. No.
Subscribed and sworn before me, a Notary Public in the State of Iowa, this
)t-+.. day of , 2009.
Notary ' blic, In and For th Stafe of Io
TERRENCE N. TOBIN
Commission Numbsr 182106
My Comm. Exp, NOV 13, 2010
STATE OF IOWA
) ss.
COUNTY OF DUBUQUE
I certify receipt of the attached notice for service on A,A. ‘ L q'1 1 2 fj04k
and that I served it on each defendant named below by:
(a) delivering to the defendant a true copy at the time and place set forth
opposite the defendant's name below.
Name
Lisa Tott
Date Township
40.1/06\ tpLA UGj vE
County
Dubuque
CERTIFICATE OF SERVICE
State
Iowa
The undersigned hereby certifies that a genuine copy of the foregoing document was
served by personal service upon the persons named below and at the addresses
indicated on the 2 i i'. day of Ar. tom.. , 2009.
a
Dated: Ril,1/49'*\
Served on:
The Business of
Tot's Tap
3457 Jackson Street
Dubuque, IA 52001
1 St
fficer Signature
L 7
I.D. No.
Subscribed and sworn before me, a Notary Public in the State of Iowa, this
21 ii day of , 2009.
In and For he tate of
Public,
Notary Iowa
TERRENCE N. TOBIN
Commission Number 182106 I
My Comm. Exp. NOV. 13, Pin
ALCOHOL COMPLIANCE COMPLAINT
1ST VIOLATION
IN RE:
Tot's Tap
3457 Jackson Street
Dubuque, IA 52001
: Tot's Tap, Incorporated
: 17310 Clay Hill Road
: Dubuque, IA 52002-9715
: HEARING COMPLAINT
The City of Dubuque hereby makes the following complaint against the above -
named permittee.
1. Iowa Code section 123.49, subsection 2, paragraph "h", provides that no
person shall sell, give, or otherwise supplies any alcoholic beverage, wine, or beer to
any person, knowing or failing to exercise reasonable care to ascertain whether the
person is under legal age, or permit any person, knowing or failing to exercise
reasonable care to ascertain whether the person is under legal age, to consume any
alcoholic beverage, wine, or beer.
2. Iowa Code section 123.50 provides that if any licensee, wine permittee,
beer permittee, or employee of a licensee or permittee is convicted or found in violation
of section 123.49, subsection 2, paragraph "h", the local authority shall, in addition to
criminal penalties, assess a civil penalty.
3. Iowa Code section 123.50, subsection 3, paragraph "a" provides a first
violation of Iowa Code section 123.49, subsection 2, paragraph "h", with a civil penalty
in the amount of five hundred dollars ($500). Failure to pay the civil penalty as ordered
shall result in an automatic suspension of the license or permit for a period of fourteen
days.
4. On or about 12/18/2008, the permittee or an employee of the permittee
sold any alcoholic beverage, wine, or beer to a person under legal age. A copy of the
Compliance Check or Criminal Conviction is attached and incorporated herein.
5. Therefore, in accordance with Iowa law, the City of Dubuque requests the
Dubuque City Council find a violation of the above -referenced sections of Iowa Code
chapter 123.50 and assess a civil penalty in the amount of five hundred dollars
($500.op) against Tot's Tap 3457 Jackson Street Dubuque, IA 52001.
k
ck
Kim B. Wa iding, Police Chief
Dubuque Police Department
770 Iowa Street
Dubuque, IA 52002
(563) 589-4411
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Tott's Tap
3457 Jackson Street
Dubuque, IA 52001
Tott's Tap, Incorporated
17310 Clay Hill Road
Dubuque, IA 52002-9715
ORDER 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.
PASSED AND APPROVED this day of May 2009.
Roy D/: uol, Mayor
Attest:
eanne Schneider, CMC, City Clerk