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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