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Alcohol Compliance_Civil PenaltiesDubuque THE CITY OF T T ~„~„ '" L ~ ~ All-A~rir~ City ~ ;. Masterpiece ors t1~e Mississi~p~rt Zao~ 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