Alcohol Compliance Civil Penalty for Big 10 Mart Copyrighted
November 18, 2019
City of Dubuque Consent Items # 22.
ITEM TITLE: Alcohol Compliance Civil PenaltyforAlcohol License
Holder— Big 10 Mart
SUMMARY: City Manager recommending approval of the
AcknowledgmenUSettlement Agreement for an alcohol
compliance violation for Big 10 Mart, 1875 J FK Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
Big 10 Mart Car Wash Alcohol Compliance Settlement- City Manager Memo
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: Alcohol Compliance Settlement Agreement — Big 10 Mart Car Wash
DATE: November 8, 2019
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Big 10 Mart Car Wash, 1875 JFK 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
Masterpiece on the Mississippi
November 1 , 2019
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Big 10 Mart Car Wash
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Big 10 Mart Car Wash.
BACKGROUND
Big 10 Mart Car Wash has a liquor license for its establishment at 1875 JFK Road in the
City of Dubuque. On September 13, 2019 the Dubuque Police Department did an
alcohol compliance check at Big 10 Mart Car Wash 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. Big 10 Mart Car Wash has chosen to pay a
$500 fine for a first violation and has submitted payment to the City Clerk's Office.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Big 10 Mart Car Wash 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: Big 10 Mart Car Wash
1875 J.F.K. Road
Dubuque, IA 52002
Molo Oil Company
Po Box 1540
Dubuque, IA 52004-1540
I, ; - q► ' ,,� on behalf of Big 10 Mart Car Wash, hereby knowingly
and v.l`untarily acknowledge that:
a) Big 10 Mart Car Wash received the notice regarding the above referenced
case.
b) Big 10 Mart Car Wash admits that the facts and allegations contained in
the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Big 10 Mart Car Wash waives a hearing and submits to the statutory
penalties prescribed by law.
d) Big 10 Mart Car Wash 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.
.
Big 10 Mart Car Wash has a liquor license for 1875 J.F.K. Road. Violation of the liquor
license occurred as follows:
Violation Date Violation Type Violation Number
September 13, 2019 Alcohol Violation 1st Violation
Under the foregoing City of Dubuque Code of Ordinances provisions, Big 10 Mart Car
Wash 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, Big 10 Mart Car
Wash chooses one of the following penalties:
y Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Big 10 Mart Car Wash
Signature .r Signature
Name — Please Print Name — Please Print
�1Date9
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 Big 10 Mart Car Wash to the
City of Dubuque — Police Department.
PASSED AND APPROVED this 18thday of November , 2019 .
Attest:
Kin Firnstahl, City Clerk
1
Jake, A. Rios, Mayor Pro Tem