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