Alcohol Compliance_Civil PenaltiesDubuque
THE CITY OF
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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: September 29, 2009
Acting Police Chief Terry Tobin is recommending that the City Council accept the
Acknowledgement/Settlement Agreements for first offense alcohol compliance violation
for West Dubuque Tap, 1701 Asbury Road; Cue Master's Billiards, 900 Central Avenue;
Bowling and Beyond, 1860 Hawthorne; Jumper's Sports Bar & Gritl, 2600 Dodge Street;
and Downtown Eagle, Inc, 1800 Elm 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
Terry Tobin, Acting Police Chief
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
DATE: September 21, 2009
TO: Michael C. Van Milligen
City Manager
FROM: Terry Tobin l~
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 West Dubuque Tap, 1701 Asbury Road, Cue
Master's Billiards, 900 Central Avenue, Bowling and Beyond, 1860 Hawthorne, Jumper's
Sports Bar & Grill, 2600 Dodge Street, and Downtown Eagle, Inc., 1800 Elm 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 fne and 30-day suspension
(c) 3~d Violation within 3 years: $1,500 fine and 60-day suspension
(d) 4t" 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, West Dubuque
Tap, 1701 Asbury Road, Cue Master's Billiards, 900 Central Avenue, Bowling and Beyond,
1860 Hawthorne, Jumper's Sports Bar & Grill, 2600 Dodge Street, and Downtown Eagle,
Inc., 1800 Elm Street have submitted payment and the Acknowledgement/Settlement
Agreement acknowledging a first offense alcohol compliance violation.
`' Offen e ' Violation Date'°' ~ , ~Busrness A'iidress Employee
;Violation
1" December 11, 2008 West Dubuque 1701 Asbury Road Angella Marie Pape
Ta
1 February 26, 2009 Cue Master's 900 Central Avenue Lynn Ann Kirchhoff
Billiards
15 April 24, 2009 Bowling and 1860 Hawthorne Melissa J. Neuhaus
Be and
1 May 28, 2009 Jumper's Sports 2600 Dodge Street Steven John Dunne
Bar
1 June 4, 2009 Downtown Eagle, 1800 Elm Street Josie Marie Becker
Inc.
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense alcohol compliance violation for West Dubuque
Tap, 1701 Asbury Road, Cue Master's Billiards, 900 Central Avenue, Bowling and Beyond,
1860 Hawthorne, Jumper's Sports Bar & Grill, 2600 Dodge Street, and Downtown Eagle,
Inc., 1800 Elm Street.
ACTION REQUESTED:
City Council consideration to accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense alcohol compliance violation for West Dubuque
Tap, 1701 Asbury Road, Cue Master's Billiards, 900 Central Avenue, Bowling and Beyond,
1860 Hawthorne, Jumper's Sports Bar & Grill, 2600 Dodge Street, and Downtown Eagle,
Inc., 1800 Elm Street.
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
West Dubuque Tap
1701 Asbury Road
Dubuque, IA 52001
Donna Ginter
1701 Asbury Road
Dubuque, IA 52001
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 5t" day of October, 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 October 2009.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Cue Master's Billiards
900 Central Avenue
Dubuque, IA 52001
Cue Master Billiards, LCC
900 Central Avenue
Dubuque, IA 52001
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 5th day of October, 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 October 2009.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Bowling and Beyond
1860 Hawthorne
Dubuque, IA 52001
Michael Schmidt
1941 Pheasant Lane
Dubuque, IA 52003
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 5th day of October, 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 October 2009.
Attest:
Roy D. Buol, Mayor
Jeanne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Jumper's Sports Bar & Grill
2600 Dodge Street
Dubuque, IA 52031
On this 5th day of October, 2009 in lieu of a public hearing on the matter, the
Bluesky 4 LTD, Jumper's Sports Bar & Grill
2600 Dodge Street
Dubuque, IA 52003
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
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 October 2009.
Attest:
Roy D. Buol, Mayor
Jeanne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Eagle Country Market
1800 Elm Street
Dubuque, IA 52001
Downtown Eagle, Inc.
1800 Elm Street
Dubuque, IA 52001
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 5th day of October, 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 October 2009.
Attest:
Roy D. Buol, Mayor
Jeanne Schneider, CMC, City Clerk