Tobacco and Alchohol Compliance Civil Penalty Hearing_Road RangerALCOHOL & TOBACCO COMPLIANCE
SETTLEMENT AGREEMENT ASSESSING PENALTIES
IN RE:
Road Ranger
2175 Central Avenue
Dubuque, IA 52001
: Road Ranger #159, LLC
: P.O. Box 4745
: Rockford, IL 61110 -4745
On this 1 day of February 2010, Road Ranger #159, LLC. and the Dubuque City
Council agree as follows:
Liquor License Violation Penalties
The civil penalties for liquor license violations, pursuant to Iowa code §123.50, include:
•
1 Violation: civil penalty in the amount of five hundred dollars ($500.00).
Failure to pay the civil penalty results in automatic suspension of the
license or permit for a period of fourteen (14) days.
• 2 Violation within two years: A thirty (30) day suspension AND a civil
penalty in the amount of one thousand five hundred ($1,500.00) dollars.
• 3 Violation within three years: A sixty (60) day suspension AND a civil
penalty in the amount of one thousand five hundred ($1,500.00) dollars.
• 4 Violation within three years: Revocation of the license or permit.
Tobacco Permit Violation Penalties
The civil penalties for tobacco permit violations, pursuant to Iowa code §453A.22,
include:
• 1 Violation: A civil penalty in the amount of three hundred ($300.00) dollars.
Failure to pay the civil penalty as ordered under this subsection shall result in
automatic suspension of the permit for a period of fourteen (14) days.
• 2 Violation within a period of two years: A civil penalty in the amount of one
thousand five hundred ($1,500.00) dollars OR the retailer's permit shall be
suspended for a period of thirty (30) days. The retailer may select its preference
in the penalty to be applied under this paragraph.
• 3 Violation within a period of three years: A civil penalty in the amount of one
thousand five hundred ($1,500.00) dollars AND the retailer's permit shall be
suspended for a period of thirty (30) days.
• 4 Violation within a period of three years: A civil penalty in the amount of one
thousand five hundred ($1,500.00) dollars AND the retailer's permit shall be
suspended for a period of sixty (60) days.
• 5th Violation within a period of four years: Tobacco permit shall be revoked.
Road Ranger #159, LLC
Road Ranger #159, LLC. has a liquor license and tobacco permit for 2175 Central
Avenue, Dubuque, IA 52001. Violations of the liquor license and tobacco permit
occurred as listed below:
Violation Date
November 11, 2008
March 13, 2009
March 13, 2009
July 24, 2009
July 24, 2009
Violation Type
Tobacco Violation
Alcohol Violation
Tobacco Violation
Alcohol Violation
Tobacco Violation
Violation Number
(1 Violation)
(1 Violation)
(2 Violation)
(2 Violation)
(3 Violation)
The tobacco violation from November 11, 2008 was processed as a first offense
violation under Iowa Code §453A.2(1), selling, giving, or otherwise supplying any
tobacco, tobacco products, or cigarettes to any person under eighteen years of age.
The violations from March 13, 2009 were processed as a first (1 offense alcohol
violation under Iowa Code §123.49 (h), and a second (2 tobacco violation under Iowa
Code 453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products,
or cigarettes to any person under eighteen years of age.
At this time Road Ranger #159, LLC. has one (1) alcohol violations and one (1) tobacco
violation pending. Under the foregoing Iowa Code provisions, Road Ranger #159, LLC.
is subject to the following:
1) A thirty (30) day suspension AND a civil penal in the amount of one
thousand five hundred ($1,500.00) dollars for the 2" offense alcohol violation.
2) A civil penalty in the amount of one thousand five hundred ($1,500.00) dollars
AND a thirty (30) day suspension for the 3 offense tobacco violation.
Road Ranger #159, LLC. admits the violations. Road Ranger #159, LLC. and the City
Council have agreed to the following conditions in settlement of the third offense
tobacco and second offense alcohol violations. Road Ranger #159, LLC. agrees to and
shall:
1) Pay a $1,500 penalty for the July 24, 2009 alcohol violation (Second
Offense)
2) Serve a thirty (30) day suspension of its liquor license within ninety (90)
days of February 1, 2010.
3) Pay a $1,500 penalty for the July 24, 2009 tobacco violation (Third
Offense)
Attest:
4) Serve a thirty (30) day suspension of its tobacco permit within ninety (90)
days of February 1, 2010.
THEREFORE, the Dubuque City Council, hereby orders that the foregoing civil
penalties be remitted by Road Ranger #159, LLC. to the City of Dubuque on or before
March 3` 2010 (30 days from the date of this order). The failure to pay the civil penalty
by such date shall result in the automatic license suspension for a period of fourteen
(14) days in addition to the thirty (30) days suspensions mandated by law.
PASSED AND APPROVED this day of February 2010.
Jeanne Schneider, CMC, City Clerk
Road Ranger #159, LLC.
By:
Steven E. Brooks, Secretary
Roy D. Buol, Mayor