Alcohol Compliance_Civil PenaltiesTHE CITY OF Dubuque
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DUB E A~~~~~
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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: June 29, 2009
Acting Chief of Police Terry Tobin is recommending that the City Council accept and
approve the first offense alcohol compliance violation for Happy's Place, 2323 Rockdale
Road; Ron's Discount Smokes & Beverage Center; 1450 Loras Blvd., Dubuque Bowling
Lanes 1029 '/Z Main Street, Road Ranger #159, 2175 Central Avenue, Europa Haus
Restaurant, 1301 Rhomberg Avenue,; and Lot One, 100 Main Street. Additionally, it is
requested to accept and approve the second offense alcohol compliance violation for
Phillip's 66 -Arby's, 10 South Main Street, suspending their liquor license for 30 days
beginning September 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 Happy's Place 2323 Rockdale Road, Ron's Discount Smokes &
Beverage Center, 1450 Loras Blvd. and Road Ranger #159, 2175 Central Avenue, Lot
One, 100 main Street and Europa Haus Restaurant, 1301 Rhomberg Ave. when
payment is received.
Dubuque Bowling Lanes has submitted the Acknowledgement /Settlement Agreement
acknowledging a first offense alcohol compliance violation and has chosen the 14 day
liquor license suspension, which will be served June 16t" 2009 through June 30, 2009.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/Iw
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Terry Tobin, Acting Chief of Police
THE CTTY OF
LJ U B E
Masteryiece on the Mississiypi
DATE: June 26, 2009
MEMORANDUM
TO: Michael C. Van Milligen
City Manager
FROM: Terry Tobin
Acting 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 Happy's Place, 2323 Rockdale Road, Ron's
Discount Smokes & Beverage Center, 1450 Loras Blvd., Dubuque Bowling Lanes, 1029'/Z
Main Street, Road Ranger #159, 2175 Central Avenue, Europa Haus Restaurant, 1301
Rhomberg Avenue, Lot One, 100 Main Street, and second offense violation to Phillip's 66 -
Arby's, 10 South Main 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 or 14-day suspension
(b) 2"d 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
(d1 4th Violation within 3 nears: 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, Happy's Place,
2323 Rockdale Road, Ron's Discount Smokes & Beverage Center, 1450 Loras Blvd. and
Road Ranger #159, 2175 Central Avenue have submitted payment and the
Acknowledgement/Settlement Agreement acknowledging a first offense alcohol compliance
violation.
Phillip's 66 -Arby's, 10 South Main has submitted payment and the
Acknowledgement/Settlement Agreement acknowledging a second offense alcohol
compliance violation. Their 30-day suspension will be served September 1, 2009 through
September 30, 2009.
Lot One was contacted on June 24tH, and will be making payment on or before June 29tH
2009. Europa Haus was also contacted on June 24tH and is expected to make payment.
Dubuque Bowling Lanes has submitted the Acknowledgement/Settlement Agreement
acknowledging a first offense alcohol compliance violation and has chosen the 14 day
liquor license suspension, which will be served June 16tH 2009 through June 30, 2009.
C~fense
Vroiafron Violation Date Business Address Employee
15 Aril 3, 2009 Ha 's Place 2323 Rockdale Road Kenneth Hancock
1S March 5, 2009 Ron's Discount 1450 Loras Blvd. Kristine Fer uson
1 March 12, 2009 Dubu ue Bowlin 1029 %2 Main Street Ra mond Pfeiffer
1 S March 13, 2009 Road Ran er 2175 Central Ave. Elizabeth Bo ovich
15 Februa 28, 2009 Euro a Haus 1301 Rhomber Avenue Jose h Weiblin er
1 S December 4, 2008 Lot One 100 Main Street Curt Guler
2" Aril 7, 2009 Phlli 's 66 -Arb 's 10 South Main Street Am Petersen
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense alcohol compliance violation for Happy's Place,
2323 Rockdale Road, Ron's Discount Smokes & Beverage Center, 1450 Loras Blvd., Road
Ranger #159, 2175 Central Avenue, and Dubuque Bowling Lanes, 1029'/2 Main Street. It is
recommended the City Council accept and approve the attached Acknowledgement /
Settlement Agreements for a first offense alcohol compliance violation for Europa Haus,
1301 Rhomberg Avenue and Lot One, 100 Main Street, when they are received.
Additionally, it is recommended the City Council accept and approve the attached
Acknowledgement/Settlement Agreements for a second offense alcohol compliance
violation for Phillip's 66 -Arby's, 10 South Main Street.
ACTION REQUESTED:
City Council consideration to accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense alcohol compliance violation for Happy's Place,
2323 Rockdale Road, Ron's Discount Smokes & Beverage Center, 1450 Loras Blvd., Road
Ranger #159, 2175 Central Avenue, and Dubuque Bowling Lanes, 1029'/2 Main Street.
We would request City Council consideration to accept and approve the payment and the
Acknowledgement/Settlement Agreement when it is received for a first offense alcohol
compliance violation for Europa Haus, 1301 Rhomberg Avenue and Lot One, 100 Main
Street.
Additionally, it is recommended the City Council accept and approve the attached
Acknowledgement/Settlement Agreements for a second offense alcohol compliance
violation for Phillip's 66 -Arby's, 10 South Main Street.
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOLWEDGEMENT/SETTLEMENT AGREEMENT
1ST VIOLATION
BEFORE THE DUBUQUE CITY COUNCILIN RE:
Happy's Place
2323 Rockdale Road
Dubuque, IA 52003
On this 6t" day of July, 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 AN APPROVED this 6th day of July, 2009.
Roy D Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOLWEDGEMENT/SETTLEMENT AGREEMENT
1ST VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Ron's Discount Smokes & Beverage Center
1450 Loras Boulevard
Dubuque, IA 52001
On this 6th day of July, 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® AN® APPR®VE® this ~`~day of July 2009.
c-~~ 1, te.:~f.~~
Roy D. uol, Mayor
Attest:
eanne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOLWEDGEMENT/SETTLEMENT AGREEMENT
1ST VIOLATIONIN RE:
Dubuque Bowling Lanes
1029 '/ Main Street
Dubuque, IA 52001
On this 6t" day of July, 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.
PASSE~,N® APPR®~!E® thisLa~~`~day of July 2009. ,
f~,%
~~ ~" ~.~ -usv
Roy Drf~uol, Mayor
Attest:
~e~anne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOLWEDGEMENT/SETTLEMENT AGREEMENT
1ST VIOLATIONIN RE:
Road Ranger #159
2175 Central Avenue
Dubuque, IA 52001
On this 6t" day of July, 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.
,,ss~~i
PASSE® AN® APPROVE® this C,~ day of July 2009.
~ ~~
lr~ ~ ~ P .°~rf' e
Roy D~`uol, Mayor
Attest:
~, ~~
anne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOLWEDGEMENT/SETTLEMENT AGREEMENT
1ST VIOLATION
IN RE:
Europa Haus Restaurant
1301 Rhomberg Avenue
Dubuque, IA 52001
On this 6t" day of July, 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 July 2009.
Roy D./j3uol, Mayor
Attest:
/~ ~~
J anne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOLWEDGEMENT/SETTLEMENT AGREEMENT
1ST VIOLATION
IN RE:
Phillip's 66 -Arby's
10 South Main Street
Dubuque, IA 52001
On this day of July 6, 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.
PASSE®AN®APPR®V® this~~ day of July 2009.
~~ r v ¢s v= . , ~ ~
Roy D,~J~ uol, Mayor
Attest:
anne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
2nd VIOLATION
IN RE: Liberty Station, LLC
3343 Center Grove, Suite A
Phillip's 66 -Arby's Dubuque, IA 52003
10 South Main Street ACKNOWLEDGMENT!
Dubuque, IA 52001 SETTLEMENT AGREEMENT
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
I (We) hereby knowingly and voluntarily acknowledge that we have received the
Notice of Hearing and the Complaint in the above case. I (We) hereby knowingly and
voluntarily acknowledge the facts and allegations contained in the complaint, attached
hereto and incorporated herein by reference, and knowingly and voluntarily admit that
the same are true and correct. I (We) hereby knowingly and voluntarily waive hearing,
and submit to the statutory penalties prescribed by Iowa law. I (We) understand that
this penalty will count as an official "Second Violation" of Iowa Code §123.50 pursuant
to Iowa Code §123.49 (h). I (We) understand that the penalty for this second violation is
a $1,500.00 fine and a suspension of my (our) liquor license for 30 days, beginning on
the date specified in the official City of Dubuque order that I will receive.
~'"b ~~
DATE
In accordance with Iowa Code §123.49 (h), the above-captioned liquor license holder
chooses the following penalty:
li~ $1,500.00 fine and a 30-day suspension (2"d Offense Violation} ,~~~'~~'~ '~~ ~~~~~
NOTE: This must be signed by an individual alcohol licensee, or in the case of another
business entity, by individual(s) who have authority to bind the entity.
In you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGIEM~IT
and waive your appearance at a hearing, this document, properly signed~~,dat~ as
well as a check in the amount of $1,500.00 should be returned to: ~- z:. ~., --~
v ~'
City of Dubuque Clerk's Office ~ ~'~ ~ ^~'
City Hall -- ~--' ~,,
50 West 13th Street "`J t ` ~
Dubuque, IA 52001 ~~ ~'
ALCOHOL COMPLIANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
IN RE: James Robert Ferring
Dubuque Bowling Lanes 1380 Mt. Pleasant Street
1029 1/2 Main Street Dubuque, IA 52001
Dubuque, IA 52001 ACKNOWLEDGMENT/
SETTLEMENT AGREEMENT
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
I (We) hereby knowingly and voluntarily acknowledge that we have received the
Notice of Hearing and the Complaint in the above case. I (VVe) hereby knowingly and
voluntarily acknowledge the facts and allegations contained in the complaint, attached
hereto and incorporated herein by reference, and knowingly and voluntarily admit that
the same are true and correct. I (We) hereby knowingly and voluntarily waive hearing,
and submit to the statutory penalties prescribed by Iowa law. I (We) understand that
this penalty will count as an official "First Violation" of Iowa Code §123.49, subsection,
2, paragraph "h" pursuant to Iowa Code §123.50, subsection 3, paragraph "a". I (We}
understand that the penalty for this first violation is a $500 fine or a 14-day suspension
of my (our) liquor license, beginning on the date that will be specified in the official City
of Dubuque order that I will receive.
In accordance with Iowa Code §123.50, subsection 3, paragraph "a", the above-
captioned licensee chooses the following penalty: C~
^ $500.00 fine
~ 14-day liquor license suspension
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DATE
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NOTE: This must be signed by an individual alcohol licensee, or in the case of another
business entity, by individual(s) who have authority to bind the entity.
In you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
and waive your appearance at a hearing, this document, properly signed and dated,
along with your $500.00 check made payable to the City of Dubuque, should be
returned to:
City of Dubuque Clerk's Office
City Hall
50 West 13th Street
Dubuque, IA 52001
ALCOHOL ACKNOWLEDGEMENT AGREEMENT
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AFFIDAVIT
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~'~' ~ ;~~ 14 DAY SUSPENSION OF BEER/LIQUOR LICENSE
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I the undersigned, a representative for ~~.,~C3u.c3,~„S' ~.._-i~~,~ ,
has of this date C~/i~p~c~i at 8:00 A.M., surrendered my
~.1 ~~a`~. ~-C.~~S ~_ to the City Clerk's Office.
We will not be selling any alcoholic beverages starting ~>j~r11`~~
thru C~,/ 3a/ b r and the proper notices have been posted in
the establishment.
~~ ~ ~ ~ ~
Wi~ ness by
presentative
ALCOHOL ACKNOWLEDGEMENT AGREEMENT
AFFIDAVIT
14 DAY SUSPENSION OF BEER/LIQUOR LICENSE
I the undersigned, a representative of
has of the date received my license back
from the City Clerks Office and have served my required
suspension as directed by City Council.
Representative
Witness by
ALCOHOL COMPLIANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
IN RE: Road Ranger, LCC
Road Ranger #159 P.O. Box 4745
2175 Central Avenue Rockford, IL 61110
Dubuque, IA 52001 ACKNOWLEDGMENT/
SETTLEMENT AGREEMENT
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
I (We) hereby knowingly and voluntarily acknowledge that we have received the
Notice of Hearing and the Complaint in the above case. I (We) hereby knowingly and
voluntarily acknowledge the facts and allegations contained in the complaint, attached
hereto and incorporated herein by reference, and knowingly and voluntarily admit that
the same are true and correct. I (V1le) hereby knowingly and voluntarily waive hearing,
and submit to the statutory penalties prescribed by Iowa law. I (We) understand that
this penal#y will count as an official "First Violation" of Iowa Code §123.49, subsection,
2, paragraph "h" pursuant to Iowa Code §123.50, subsection 3, paragraph "a". I (We)
understand that the penalty for this first violation is a $500 fine or a 14-day suspension
of my (our) liquor license, beginning on the date that will be specified in the official City
of Dubuque order that I will receive.
In accordance with Iowa Code §123.50, subsection 3, paragraph "a", the above-
captioned licensee chooses the following penalty:
$500.00 fine
^ 14-da liqu r license suspension
C.~ - ~Z-- 2-c~J
DATE
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NOTE: This must be signed by an individual alcohol licensee, or in the case of another
business entity, by individual(s) who have authority to bind the entity.
In you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
and waive your appearance at a hearing, this document, properly signed and dated,
along with your $500.00 check made payable to the City of Dubuque, should be
returned to:
City of Dubuque Clerk's Office
City Hall
50 West 13th Street
Dubuque, IA 52001
ALCOHOL COMPLIANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEME~,i~{~c?~,/~~
1St VIOLATION
CIS JUG 1 I ~'~ 12~ 3g
IN RE:
Happy's Place
2323 Rockdale Road
Dubuque, IA 52003
PMST, Inc. City ~`JiC;:{', : i, J'; ii~,~
2323 Rockdale Road ~~`~`}'~"~`~~' ~-' I"
Dubuque, IA 52003
ACKNOWLEDGMENT!
SETTLEMENT AGREEMENT
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
I (We) hereby knowingly and voluntarily acknowledge that we have received the
Notice of Hearing and the Complaint in the above case. I (We) hereby knowingly and
voluntarily acknowledge the facts and allegations contained in the complaint, attached
hereto and incorporated herein by reference, and knowingly and voluntarily admit that
the same are true and correct. I (We) hereby knowingly and voluntarily waive hearing,
and submit to the statutory penalties prescribed by Iowa law. I (VVe) understand that
this penalty will count as an official "First Violation" of Iowa Code §123.49, subsection,
2, paragraph "h" pursuant to Iowa Code §123.50, subsection 3, paragraph "a". I (We)
understand that the penalty for this first violation is a $500 fine or a 14-day suspension
of my (our) liquor license, beginning on the date that will be specified in the official City
of Dubuque order that 1 will receive.
In accordance with Iowa Code §123.50, subsection 3, paragraph "a", the above-
captioned licensee chooses the following penalty:
$500.00 fine
^ 14-day liquor license suspension
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C~ -a~
DATE
NOTE: This must be signed by an individual alcohol licensee, or in the case of another
business entity, by individual(s) who have authority to bind the entity.
In you decide to sign this ACKNOWLEDGMENTlSETTLEMENT AGREEMENT
and waive your appearance at a hearing, this document, properly signed and dated,
along with your $500.00 check made payable to the City of Dubuque, should be
returned to:
City of Dubuque Clerk's Office
City Hall
50 West 13t" Street
Dubuque, IA 52001
ALCOHOL COMPLIANCE
ACKNOWLEDGMENT/SETTLEMENT AGR
~~'~~~,~~17
1St VIOLATION
+~`~~ ~~Si'~ I i 1ii~ 11~ 2{
IN RE:
Ron's Discount Smokes & Beverage
Center
1450 Loras Boulevard
Dubuque, IA 52001
5560 Wintergree~i'~''' ' , . , ' ^
.J_ ~' Sri
Dubuque, IA 52002
ACKNOWLEDGMENTI
SETTLEMENT AGREEMENT
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
I (We) hereby knowingly and voluntarily acknowledge that we have received the
Notice of Hearing and the Complaint in the above case. I (We) hereby knowingly and
voluntarily acknowledge the facts and allegations contained in the complaint, attached
hereto and incorporated herein by reference, and knowingly and voluntarily admit that
the same are true and correct. I (We) hereby knowingly and voluntarily waive hearing,
and submit to the statutory penalties prescribed by Iowa law. I (We) understand that
this penalty will count as an official "First Violation" of Iowa Code §123.49, subsection,
2, paragraph "h" pursuant to Iowa Code §123.50, subsection 3, paragraph "a". I (We)
understand that the penalty for this first violation is a $500 fine or a 14-day suspension
of my (our) liquor license, beginning on the date that will be specified in the official City
of Dubuque order that I will receive.
In accordance with Iowa Code §123.50, subsection 3, paragraph "a", the above-
captioned licensee chooses the following penalty:
$500.00 fine
^ 14-day liquor license suspension
n /~c.~ j
~~~~~'~
DATE
NOTE: This must be signed by an individual alcohol licensee, or in the case of another
business entity, by individual(s) who have authority to bind the entity.
In you decide to sign this ACKNOWLEDGMENTISETTLEMENTAGREEMENT
and waive your appearance at a hearing, this document, properly signed and dated,
along with your $500.00 check made payable to the City of Dubuque, should be
returned to:
City of Dubuque Clerk's Office
City Hall
50 West 13th Street
Dubuque, IA 52001