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Alcohol Compliance Civil Penalty for EZ Stop IICopyrighted April 6, 2020 City of Dubuque Consent Items # 21. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— EZ Stop I I SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for EZ Stop I I , 700 Rhomberg Avenue. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description EZ Stop II Alcohol Compliance Settlement Agreement- MVM Memo Staff Memo Agreement Copy Type City Manager Memo Staff Memo Staff Memo Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: EZ Stop II Alcohol Compliance Settlement Agreement DATE: March 25, 2020 Dubuque bitil All-A.aia City 111111 2007.2012.2013 2017*2019 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with EZ Stop II, 700 Rhomberg Avenue. I concur with the recommendation and respectfully request Mayor and City Council approval. 7-- 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 wk THE CITY OF DUB UE MEMORANDUM Masterpiece on the Mississippi March 25, 2020 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement — EZ Stop II INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and EZ Stop II. BACKGROUND EZ Stop II has a liquor license for its establishment at 700 Rhomberg Avenue in the City of Dubuque. On November 22, 2019 the Dubuque Police Department did an alcohol compliance check at EZ Stop II 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. EZ Stop II has chosen to pay a $500 fine for a first violation and has submitted payment to the City Clerk's Office. CONCLUSION & RECOMMENDATION 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: EZ Stop II 700 Rhomberg Avenue Dubuque, IA 52001 KAJ Enterprise LLC 700 Rhomberg Avenue Dubuque, IA 52001 on behalf of EZ Stop II, hereby knowingly and voluntarily acknowledge that: a) EZ Stop II received the notice regarding the above referenced case. b) EZ Stop II admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) EZ Stop II waives a hearing and submits to the statutory penalties prescribed by law. d) EZ Stop II 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. EZ Stop II has a liquor license for 700 Rhomberg Avenue. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number November 22, 2019 Alcohol Violation 1st Violation Under the foregoing City of Dubuque Code of Ordinances provisions, EZ Stop II is subject to the following: 1 A five hundred dollar ($500.00) fine L '` OR 2) A fourteen (14) day suspension of the liquor license. In accordance with City of Dubuque Code of Ordinances §4-2B-16, EZ Stop II chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension EZ Stop II re Signature Name — Please Print Name`— Please Print 03/°? • zo 2-a Date c f O J 2616 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 EZ Stop II to the City of Dubuque — Police Department. PASSED AND APPROVED this' day of Attest: Kevi , Firnstahl, ity Clerk