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