Alcohol Compliance Civil Penalty_Pioneers Rest Stop_Old Highway Road Copyrighted
November4, 2019
City of Dubuque Consent Items # 20.
ITEM TITLE: Alcohol Compliance Civil PenaltyforAlcohol License
Holder— Pioneers Rest Stop
SUMMARY: City Manager recommending approval of the
AcknowledgmenUSettlement Agreement for an alcohol
compliance violation for Pioneers Rest Stop, 4900 Old
Highway Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
Pioneers Rest Stop Alcohol Compliance Settlement City Manager Memo
Agreement-MVM Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pioneers Rest Stop Alcohol Compliance Settlement Agreement
DATE: October 28, 2019
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Pioneers Rest Stop, 4900 Old Highway Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
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
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October 17, 2019
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement — Pioneers Rest Stop
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Pioneers Rest Stop.
BACKGROUND
Pioneers Rest Stop has a liquor license for its establishment at 4900 Old Highway Road
in the City of Dubuque. On September 13, 2019 the Dubuque Police Department did an
alcohol compliance check at Pioneers Rest Stop and an employee sold alcohol to
underage youth compliance monitors.
City Council has directed that staff work with license and permit holders to serve
suspensions & penalties in a flexible way. Pioneers Rest Stop has chosen a five
hundred dollar ($500.00) fine and has submitted their signed agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Pioneers Rest Stop 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 — 15t Violation
RE: Pioneers Rest Stop . Pioneers Rest Stop, LLC
4900 Old Highw�y Road . 3088 Nuntington Dr.
Dubuque, lA 52002 . Dubuque, lA 52001
I, ����1 V`�� a� � +S 1�;� �- , on behalf of Pioneers Rest Stop, hereby knowingly
and voluntarily acknowledge that:
a) Pioneers Rest Stop received the notice regarding the above referenced
case.
b) Pioneers Rest Stop admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Pioneers Rest Stop waives a hearing and submits to the statutory
penalties prescribed by law.
d) Pioneers Rest Stop 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.
Pioneers Rest Stop has a liquor license for 4900 Old Highway Road. Violation of the
liquor license occurred as follows:
Violation Date Violation Tvpe Violation Number
September 13, 2019 Alcohol Violation 15� Violation
Under the foregoing City of Dubuque Code of Ordinances provisions, Pioneers Rest
Stop 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, Pioneers Rest Stop
chooses one of the following penalties:
� Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Pioneers Rest Stop
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SigrVature Signature
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Name—Please Print Name— Please Print
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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 entiry.
THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Pioneers Rest Stop to the
City of Dubuque — Police Department.
PASSED AND APPROVED this _ day of , 20
Roy D. Buol, Mayor
Attest:
Kevin Firnstahl, City Clerk