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