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Alcohol Compliance_Civil PenaltyTHE CITY OF Dubuque DUB E ~-ar~ 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: May 21, 2009 Chief of Police Kim Wadding is recommending that the City Council accept and approve the first offense alcohol compliance violation for Tony's Place, 1701 Central Avenue; Yen Ching Restaurant, 926 Main Street; Hi Ho Mongolian Grill, 2660 Dodge Street; and Bricktown Brewery, 299 Main Street. Additionally, it is requested to accept and approve the second offense alcohol compliance violation for The Lounge, 481 Locust Street, suspending their liquor license for 30 days beginning June 1, 2009, and to receive their civil penalty payment of $1,500 upon reissuance of their liquor license after the suspension period. It is further requested that the City Council accept and approve the 1st offense civil penalty payment from Courtside Sports Bar & Grill, 2095 Holiday Drive; Phillips 66 (Arby's), 10 South Main and AWN Stop Mart #2, 1401 Central Avenue when payment is received. concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael 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 on the Mississippi DATE: May 20, 2009 MEMORANDUM TO: Michael C. Van Milligen City Manager FROM: Kim B. Waddin 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 Tony's Place, 1701 Central Avenue; Yen Ching Restaurant, 926 Main Street; Courtside Sports Bar & Grill, 2095 Holiday Drive; Phillips 66 (Arby's), 10 South Main Street; Hi Ho Mongolian Grill, 2660 Dodge Street; AWN Stop Mart #2, 1401 Central Avenue; Bricktown Brewery, 299 Main Street; and second offense to The Lounge, 481 Locust 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. Inmost 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) 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, Tony's Place, 1701 Central Avenue; Yen Ching Restaurant, 926 Main Street; Hi Ho Mongolian Grill, 2660 Dodge Street; and Bricktown Brewery, 299 Main Street has submitted payment and the Acknowledgement/ Settlement Agreement acknowledging a first offense alcohol compliance violation. Regarding Courtside Sports Bar & Grill, 2095 Holiday Drive; Phillips 66 (Arby's), 10 South Main and AWN Stop Mart #2, 1401 Central Avenue, all have been contacted are in the process of paying the civil penalty and signing the Acknowledgement/Settlement Agreement acknowledging a first offense alcohol compliance violation. The Lounge, 481 Locust Street, has submitted the Acknowledgement/Settlement Agreement acknowledging a second offense alcohol compliance violation. The Lounge requested the 30-day suspension to begin June 1, 2009 for 30 days. Once the suspension is served and prior to reinstatement, The Lounge will pay the remaining penalty of $1,500. Offense Violation 1 Violation Date March 13, 2009 Business Ton 's Place Address Employee 1701 Central Avenue An ella Philli s 15 March 31, 2009 Yen Chin Restaurant 926 Main Street Ricardo Hernandez 1S Februa 3, 2009 Courtside S orts Bar 2095 Holida Drive Anastasia Garner 1S Februa 10, 2009 Philli 's 66 Arb 's 10 South Main Street Christine Kress 1S March 27, 2009 Hi Ho Mon olian Grill 2660 Dod a Street Ashle McDonald 15 March 24, 2009 AWN Sto Mart 1401 Central Avenue Jose h Puccio Jr. 15 March 19, 2009 Bricktown Brewe 299 Main Street Nacole Miller 2" March 27, 2009 The Loun a 481 Locust Street Ma Love RECOMMENDATION: It is recommended the City Council accept and approve the attached Acknowledgement/ Settlement Agreements for a first offense alcohol compliance violation for Tony's Place, 1701 Central Avenue; Yen Ching Restaurant, 926 Main Street; Hi Ho Mongolian Grill, 2660 Dodge Street; and Bricktown Brewery, 299 Main Street. Additionally, it is recommended to accept and approve the second offense alcohol compliance violation for The Lounge, 481 Locust Street, suspending their liquor license for 30 days beginning June 1, 2009 and to receive their civil penalty payment of $1,500 upon reissuance of their liquor license after the suspension period. It is further recommended City Council accept and approve the 1St offense civil penalty payment from Courtside Sports Bar & Grill, 2095 Holiday Drive; Phillips 66 (Arby's), 10 South Main and AWN Stop Mart #2, 1401 Central Avenue when payment is received as they have indicated. ACTION REQUESTED: City Council consideration to accept and approve the first offense alcohol compliance violation for Tony's Place, 1701 Central Avenue; Yen Ching Restaurant, 926 Main Street; Hi Ho Mongolian Grill, 2660 Dodge Street; and Bricktown Brewery, 299 Main Street. Additionally, it is requested to accept and approve the second offense alcohol compliance violation for The Lounge, 481 Locust Street, suspending their liquor license for 30 days beginning June 1, 2009 and to receive their civil penalty payment of $1,500 upon reissuance of their liquor license after the suspension period. It is further requested City Council accept and approve the 1St offense civil penalty payment from Courtside Sports Bar & Grill, 2095 Holiday Drive; Phillips 66 (Arby's), 10 South Main and AWN Stop Mart #2, 1401 Central Avenue when payment is received as they have indicated. 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 IN RE: Tony's Place 1701 Central Avenue Dubuque, IA 52001 On this 1 st day of June, 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 1st day of June 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk ALCHOHOL COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 1ST VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Yen Chin Chinese Restaurant 926 Main Street Dubuque, IA 52001 Hernandez Corporation, Incorporated 926 Main Street Dubuque, IA 52001 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 1 st day of June, 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 1st day of June 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk ALCHOHOL COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 1ST VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Courtside Sports Bar & Grill 2095 Holiday Drive Dubuque, IA 52002 Courtside, Incorporated 2095 Holiday Drive : Dubuque, IA 52002 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 1 st day of June, 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 1st day of June 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk ALCHOHOL COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 1ST VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Phillips 66 (Arby's) 10 South Main Street Dubuque, IA 52001 Liberty Station, LLC 2080 Southpark Court Dubuque, IA 52003 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 1st day of June, 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 1st day of June 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk ALCHOHOL COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 1ST VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Hi Ho Mongolian Grill 2660 Dodge Street Dubuque, IA 52003 Mai Nguyen, Incorporated 2660 Dodge Street Dubuque, IA 52003 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 1 st day of June, 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 1st day of June 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk ALCHOHOL COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 1ST VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: AWN Stop Mart #2 1401 Central Avenue Dubuque, IA 52001 On this 1 st day of June, 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 1st day of June 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk ALCHOHOL COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 1ST VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Bricktown Brewery 299 Main Street Dubuque, IA 52001 RB Restaurant Management & Consulting 299 Main Street Dubuque, IA 52001 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 1 st day of June, 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 1st day of June 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk ALCHOHOL COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 1ST VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Phillip R. Love The Lounge 481 Locust Street 481 Locust Street Dubuque, IA 52001 Dubuque, IA 52001 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT SECOND VIOLATION On this day of June 1, 2009 in lieu of a public hearing on the matter, the Dubuque City Council approves this Acknowledgement/Settlement Agreement between the above-captioned liquor license holder and the City of Dubuque. THEREFORE, the Dubuque City Council FINDS that the above captioned liquor license holder has agreed to pay, prior to the reinstatement of the liquor license for a second offense alcohol civil penalty violation regarding a violation of Iowa Code §123.49(h), to the City of Dubuque a civil penalty in the amount of One Thousand five hundred dollars ($1,500.00) after serving a 30-day liquor license suspension. This sanction will count as a second violation, pursuant to Iowa Code §123.50. IT IS THEREFORE ORDERED that the judgment in this matter is hereby satisfied. PASSED AND APPROVED this 1st day of June 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk