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Alcohol Compliance Civil Penalty_Beecher Liquor Copyrighted October 15, 2018 City of Dubuque Consent Items # 22. ITEM TITLE: Alcohol Compliance Civil PenaltyforAlcohol License Holder— Beecher Liquor SUMMARY: City Manager recommending approval of the AcknowledgmenUSettlement Agreement for an alcohol compliance violation for Beecher Liquor, 1695 Asbury Road. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type Beecher Liquor SettlementAgreement-MVM Memo City Manager Memo Staff Memo Staff Memo Agreement Copy Staff Memo THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement — Beecher Liquor DATE: October 1 , 2018 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Beecher Liquor, 1691 Asbury Road. I concur with the recommendation and respectfully request Mayor and City Council approval. �"1.� �' i�,� Mic ael C. Van Milligen��—� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Mark M. Dalsing, Chief of Police "IHE CITY OF DUB E MEMORANDUM Masterpiece on tl2e Mississippi October TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement — Beecher Liquor INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Beecher Liquor. BACKGROUND Beecher Liquor has a liquor license for its establishment at 1691 Asbury Road in the City of Dubuque. On August 23, 2018, an employee was cited for supplying alcohol to an underage person. City Council has directed that staff work with license and permit holders to serve suspensions & penalties in a flexible way. Beecher Liquor has chosen a five hundred dollar ($500) fine and has submitted their signed agreement. CONCLUSION & RECOMMENDATION In accordance with Council directive, City staff has developed a penalty schedule for violators. Beecher Liquor was provided the schedule and selected their choice of penalty. The City Legal Department and the Police Department have reviewed the agreement and concur with the requirements. ACTION REQUESTED City Manager review, City Council approval, and Mayor Buol signature of the attached Acknowledgment/Settlement Agreement. cc: Crenna Brumwell 1 ACKNOWLEDGMENT/SETTLEMENT AGREEMENT Alcohol Compliance — 1St Violation RE: Beecher Liquor 1691 Asbury Road Dubuque, IA 52001 ISM LLC 1695 Asbury Road Dubuque, IA 52001 I, 94u 4' J ,a1011rJ./ , on behalf of Beecher Liquor, hereby knowingly and voluntarily acknowledge that: a) Beecher Liquor received the notice regarding the above referenced case. b) Beecher Liquor admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Beecher Liquor waives a hearing and submits to the statutory penalties prescribed by law. d) Beecher Liquor understands that this violation will count as an official "First Violation — Alcohol Compliance" of City of Dubuque Code of Ordinances §4-2A-3, pursuant to City of Dubuque Code of Ordinances §4-2B-16. Beecher Liquor has a liquor license for 1691 Asbury Road. Violation of the liquor license occurred as follows: Violation Date August 23, 2018 Violation Type Violation Number Alcohol Violation 1st Violation Under the foregoing City of Dubuque Code of Ordinances provisions, Beecher Liquor is subject to the following: 1) A five hundred dollar ($500.00) fine OR 2) A fourteen (14) day suspension of the liquor license. In accordance with City of Dubuque Code of Ordinances §4-2B-16, Beecher Liquor chooses one of the following penalties: X. Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Beecher Liquor Signature Signature Iviu p J Name — Please Print Name — Please Print fl2^Z�— lfF Date 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. THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby orders that the foregoing civil penalty has been remitted by Beecher Liquor to the City of Dubuque — Police Department. Attest: PASSED AND APPROVED this /5`- day of Occc , 20) r . *Ade Kevi` Firnstahl, City Crer Roy D. B,yol, Mayor