Alcohol Compliance Civil Penalty for Wal-MartCopyrighted
May 18, 2020
City of Dubuque Consent Items # 19.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder — Wal-Mart
SUMMARY: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for an alcohol
compliance violation for Wal-Mart Supercenter#204, 4200
Dodge Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Wal-Mart Alcohol Compliance Agreement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Agreement Copy Supporting Documentation
Masterpiece on the Mississippi
Dubuque
bitil
All-A.aia City
111111
2007.2012.2013
2017*2019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Alcohol Compliance Settlement Agreement - Wal-Mart Supercenter #2004
DATE: May 10, 2020
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Wal-Mart Supercenter #2004, 4200 Dodge Street
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
DUI1tJE MEMORANDUM
Masterpiece on the Mississippi
May 1, 2020
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement — Wal-Mart Supercenter #2004
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Wal-Mart Supercenter #2004.
BACKGROUND
Wal-Mart Supercenter #2004 has a liquor license for its establishment at 4200 Dodge
Street in the City of Dubuque. On November 22, 2019, an employee was cited for
supplying alcohol to an underage person.
City Council has directed that staff work with license and permit holders to serve
suspensions & penalties in a flexible way. Wal-Mart Supercenter #2004 has chosen a
five hundred dollar ($500) fine and has submitted their signed agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Wal-Mart Supercenter #2004 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
. i i11 LED iti l h�TJ ► i`TLE ENT EE
Alcohol Carnpliatice -- 5 V,iolatk
FaE Wal-Mart Supeecenter
4200 Dodge $tree#
Dubuque a IA 52002
Shane Kerr
2:004
on behal
nowingly and voluntarily acknowledge that:
a) 'U'llal art S.iaper"center
referenced case.
of " ti+'el-
Wali„
702 8th $w S.t
Bentonville AR 72716-0500
ENT
art Supercenter #2004, hereby
2004 "received th±
nc tici rardin tl�e ak
ave.
) 'dl/al Mart Supercen.ter #2004 admits that the facts' and alIeg tions
contained €n the Corripiaint, which is attached hereto a : d incorporated herein .by
reference, are true and correct.
Wal-Mart. Superceriter #2004 waivas a
atutory penalties prescribed by Iaw.
eariria .an.
4)1 Supercenter #2004 understands th
ark official "First Vidlatiorl. — ;Alcohol Compliance"
:Ordinances,4 2A 3, pursuant to Citysf Dubuque
su�+rrr
h
this vir .lation ; rill.count as
City of :Dubuque Code of
, of Ordinance,. §4-2B-16
Mart Superoenter. #.20 4 has; a liquor Ho rse for 4200 Dod
liquor licenseoccurred follows
Violation Date
November 22, 2019
Under
Supercer
)
Violation Type.
Alcohol Vibatian:
Street.. oration of he
Violation Number
1.1f Violation
or golrig city of Oul ugue Code :of Ordinances ,provisions, al -Mart
er #2004 is subject to the fnllawing: i.
A:five hundred dollar (500.00)`fine;
A.fou,rteen (14) day suspension;: f the liquor livens
In ,accordance with City of Dubuque Code of Ordinances §4-28-16,
Supercenter #2004 chooses one of the following penalties:
Five hundred dollar`($500.00) fine
Fourteen (14) day liquor license suspension
Jal-Mart
' `al-M rt Sipe
Signature
..............
# 004
Shane Kerr, Alcoho /Tobacco Compliance Manager
Name - Please Print
4/2/2020
Date
Name - Please, Pr nt
Da
N 7i E. Th s rnirst be signed by'an individual Icohol l cer se , ar in the cas ,ef another business entity,;:by
in.n.diuiduai(s.) who'hpve.a a"thotitiyC to bins the entity.;
THEREFORE, irl !lei,' Of 0 hearing, the City of Dubuque ity Lour eti hereby'
orders that: the forecoin civil penalty ha been rerriitted y I- rt aup reenter'
## 004 to he' ity of L ltbugiJe -'Police )epa4rrierit
PASSED AND APPROVED
.Roy pi, Mayor
Rtt
K Firn hi, City