Alcohol Compliance - Civil Penalty for Alcohol License HolderTHE 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 - The Club House, 2364 Washington
Street
DATE: May 12, 2009
Chief of Police Kim Wadding is recommending that the City Council accept the
acknowledgement/Settlement Agreement for a first offence compliance violation
for The Club House, 2364 Washington Street.
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: May 12, 2009
TO: Michael C. Van Milligen
City Manager
FROM: Kim B. Wadding
Police Chief
RE: Alcohol Compliance: Civil Penalty - The Club House, 2364 Washington Street
INTRODUCTION:
The purpose of this memorandum is to administer the civil alcohol compliance violation
penalty regarding Iowa Code §123.49 (h) to the following business for selling alcohol to an
underage person: first offense violation to The Club House, 2364 Washington 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 of 14 day suspension
(b) 2nd Violation within 2 years: $1,500 fine and 30 day suspension
(c) 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 Club House, 2364 Washington Street, received notification by certified mail of an
alcohol compliance violation for selling alcohol to an underage person. Originally, the
license holder of The Club House, 2364 Washington Street, requested a hearing before the
City Council. As a result, a hearing date of May 18, 2009 was set for The Club House. On
May 12, 2009 the license holder for the Club House, Melvin Spiegelhalter, contacted the
police department and requested to pay the civil penalty and not have the requested
hearing.
Offense Violation Date Business ,4ddress Emgloyee
Violation
1S` ~ January 16, 2009 (The Club House ~ 2364 Washington Street ~ Lorlie Lorraine Dague ~
REC®NIIVIENDATI®N:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreement for a first offense alcohol compliance violation for The Club House,
2364 Washington Street regarding their January 16, 2009 violation.
ACTION REQUESTED:
City Council consideration to accept and approve the attached Acknowledgement/
Settlement Agreement for a first offense alcohol compliance violation for The Club House,
2364 Washington Street.
Cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT
1ST VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
The Club House
2364 Washington Street
Dubuque, IA 52001
: Melvin G. Spiegelhalter
: 2745 Balboa Drive
: Dubuque, IA 52001
: ORDER ACCEPTING
: ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 18th 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 judgement in this
matter is hereby satisfied.
PASSED AND APPROVED this 18th day of May 2009.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk