Alcohol Compliance_Civil Penalties for Alcohol License HoldersTHE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
DATE: December 29, 2009
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 for The Dog House Lounge, 1646 Asbury Road,
Family Mart, 3201 Central Avenue, Champps Americana, 3100 Dodge Street, Beecher
Beverage, 1691 Asbury Road, Wal-Mart, 4200 Dodge Street, Paul's Tavern, 176 Locust
Street, Econo Foods, 3355 John F. Kennedy Circle, The Grand Tap, 802 Central Avenue,
Neighbor's Tap, 1899 Rockdale Road; and second offense violation for Oky Doky, 1256
Iowa Street and Road Ranger, 2175 Central Avenue.
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) 2"a Violation within 2 years: $1,500 fine and 30-day suspension
(c) 3`a Violation within 3 years: $1,500 fine and 60-day suspension '.
(d) 4th Violation within 3 years: Revocation '
DISCUSSION:
When an alcohol compliance violation occurs and renders a guilty plea, the business
holding the alcohol liquor license receives notice by certified mail of the violation. The
notice includes notification of the allegation, a hearing complaint with court documentation
of the plea, and an Acknowledgement/Settlement Agreement. The Acknowledgement/
Settlement Agreement allow the license holder to settle the matter prior to a formalized
hearing. If the license holder wishes to decline the public hearing, the license holder
acknowledges the violation, signs and returns the AcknowledgementlSettlement
Agreement along with the appropriate fine payment.
The following license holders have received notification by certified mail of an alcohol
compliance violation for selling alcohol to an underage person. As a result, The Dog House
Lounge, 1646 Asbury Road, Family Mart, 3201 Central Avenue, Champps Americana,
3100 Dodge Street, Beecher Beverage, 1691 Asbury Road, Wal-Mart, 4200 Dodge Street,
Paul's Tavern, 176 Locust Street, Econo Foods, 3355 John F. Kennedy Circle, The Grand
Tap, 802 Central Avenue, and Neighbor's Tap, 1899 Rockdale Road have submitted
payment and the Acknowledgement/Settlement Agreement acknowledging a first offense
alcohol compliance violation.
Both Oky Doky, 1256 Iowa Street and Road Ranger, 2175 Central Avenue were contacted
regarding their second offense alcohol compliance violation. Both have requested to be
heard by the City Council concerning the violation. We propose to schedule the second
offense alcohol civil penalty violation hearing for February 1St, 2010.
Offense ,,
Violation Viola€iori'Qai`e'! Business Address '' Employee
1 Februa 19, 2009 Do House 1646 Asbu Road ~ Roberta Arthofer
1$ Jul 9, 2009 Famil Mart 3201 Central Avenue Jalisha Riniker
1 Jul 2, 2009 Cham s 3100 Dod a Street Andrea Johnson
1 Juf 2 2009 Beecher Bevera a 1691 Asbu Road Andrew Timmerman
1 S Au ust 6, 2009 Wal-Mart 4200 Dod a Street Marie Watak
15 Au ust 11, 2009 Paul's Tavern 176 Locust Street David Koch
1 Au ust 20, 2009 Econo Foods 3355 JFK Circle Janet Mehrl
1 Se tember 29, 2009 Grand Ta 802 Central Ave. James Kohl
15 Se tember 18, 2009 Nei hbor's Ta 1899 Rockdale Road Jane Scarlino
2 Se tember 29, 2009 Ok Dok 1256 Iowa Street Shannon Li er
2" Jul 24 2009 Road Ran er 2175 Central Avenue Tamara Krier
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense alcohol compliance violation for The Dog House
Lounge, 1646 Asbury Road, Family Mart, 3201 Central Avenue, Champps Americana,
3100 Dodge Street, Beecher Beverage, 1691 Asbury Road, Wal-Mart, 4200 Dodge Street,
Paul's Tavern, 176 Locust Street, Econo Foods, 3355 John F. Kennedy Circle, The Grand
Tap, 802 Central Avenue, and Neighbor's Tap, 1899 Rockdale Road.
Additionally, we would recommend a second offense alcohol civil penalty hearing be
scheduled for February 1St, 2010 for both Oky Doky, 1256 Iowa Street and Road Ranger,
2175 Central Avenue.
ACTION REQUESTED:
City Council consideration to accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense alcohol compliance violation for The Dog House
Lounge, 1646 Asbury Road, Family Mart, 3201 Central Avenue, Champps Americana,
3100 Dodge Street, Beecher Beverage, 1691 Asbury Road, Wal-Mart, 4200 Dodge Street,
Paul's Tavern, 176 Locust Street, Econo Foods, 3355 John F. Kennedy Circle, The Grand
Tap, 802 Central Avenue, and Neighbor's Tap, 1899 Rockdale Road.
Additionally, we would request a second offense alcohol civil penalty hearing be scheduled
for February 1St, 2010 for both Oky Doky, 1256 Iowa Street and Road Ranger, 2175 Central
Avenue.
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:
Neighbor's Tap
1899 Rockdale Road
Dubuque, IA 52003
William Skinner
1875 Rockdale Road
Dubuque, IA 52003
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 4t" day of January, 2010 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 January 2010. ,
~. /,~
Roy Buol, Mayor
Attest:
~.~, ~..~
Jeanne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
The Grand Tap
802 Central Avenue
Dubuque, IA 52001
James P. Kohl & Janet E. Kohl
802 Central Avenue
Dubuque, IA 52001
ORDER ACCEPTING
ACKNOWLEDGMENTlSETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 4t" day of January, 2010 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 January 2010. ,
n
Buol, Mayor
Attest:
~~ ~
eanne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Econo Foods
3355 JF Kennedy Circle
Dubuque, IA 52002
Nash Finch Company Econo Foods
#471 Inc.
3355 JF Kennedy Circle
Dubuque, IA 52002
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 4t" day of January, 2010 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 January 2010.
r
Roy uol, Mayor
Attest:
9~_D
eanne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Paul's Tavern
176 Locust Street
Dubuque, IA 52001
Tom Koch, Inc. -Paul's Tavern
176 Locust Street
Dubuque, IA 52001
ORDER ACCEPTING
ACKNOWLEDGMENTlSETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 4t" day of January, 2010 in lieu of a public hearing on the matter, the
Dubuque City Council app-roves 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 January 2010.
v~
Roy . Buol, Mayor
Attest:
eanne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE: Wal-Mart Super Center #2004
Wal-Mart 4200 Dodge Street
4200 Dodge Street Dubuque, IA 52003
Dubuque, IA 52003 ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 4th day of January, 2010 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 ~f' day of January 2010.
~+ V c -c.
Roy uol, Mayor
Attest:
~~%~
anne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Beecher Beverage
1691 Asbury Road
Dubuque, IA 52001
Beecher Co., Inc.
1691 Asbury Road
Dubuque, IA 52001
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 4t"day of January, 2010 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 January 2010.
C4 ~..~
Attest:
~~~~~
eanne Schneider, CMC, City Clerk
_ Roy I~! Buol, Mayor
THE CITY OF Dubuque
--„'
~UB E IW-AmerlcaCitY
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: December 28, 2009
Acting Chief of Police Terry Tobin is recommending that the City Council accept the
Acknowledgement/Settlement Agreements for a first offense alcohol compliance
violation for The Dog House Lounge, 1646 Asbury Road; Family Mart, 3201 Central
Avenue; Champps Americana, 3100 Dodge Street; Beecher Beverage, 1691 Asbury
Road; Wal-Mart, 4200 Dodge Street; Paul's Tavern, 176 Locust Street; Econo Foods,
3355 John F. Kennedy Circle; The Grand Tap, 802 Central Avenue; and Neighbor's
Tap, 1899 Rockdale Road.
Additionally, it is recommended a second offense alcohol civil penalty hearing be
scheduled for February 1, 2010, for both Oky Doky, 1256 Iowa Street; and Road
Ranger, 2175 Central Avenue.
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 Chief of Police
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Champps Americana
3100 Dodge Street
Dubuque, IA 52003
Dodge Street Entertainment, LLC
3100 Dodge Street
Dubuque,lA 52003
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 4t" day of January, 2010 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.ORDEREDthat the judgment in this
matter is hereby satisfied.
PASSED AND APPROVED this ~ day of January 2010.
o U
Roy . Buol, Mayor
Attest:
anne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Family Mart
3201 Central Avenue
Dubuque, IA 52001
Family Mart, Inc.
3201 Central Avenue
Dubuque,lA 52001
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 4t" day of January, 2010 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 January 2010.
Roy Buol, Mayor
Attest:
eanne Schneider, CMC, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
The Dog House Lounge
1646 Asbury Road
Dubuque, IA 52001
Dog Gone, Inc.
1646 Asbury Road
Dubuque, IA 52001
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 4t" day of January, 2010 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 January 2010.
Roy . Buol, Mayor
Attest:
eanne Schneider, CMC, City Clerk