Alcohol Compliance_Civil Penalty for Alcohol License HoldersMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Alcohol Compliance - Civil Penalty for Alcohol License Holders
DATE: April 13, 2010
Chief of Police Mark Dalsing is recommending that the City Council accept the
Acknowledgement /Settlement Agreements for a first offense alcohol compliance
violation for Taiko Restaurant, Inc., 2155 South Park Court; Walgreen's #6154, 2260
John F. Kennedy Road; and Chances R, 1056 Central Avenue.
Additionally, it is requested that a second offense alcohol civil penalty hearing be
scheduled for May 3, 2010 for Lot One, 100 Main Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark Dalsing, Chief of Police
ti
M chael C. Van Milligen
Dubuque
kettiti
Ail- AmedcaCity
11111!
2007
Masterpiece on the Mississippi
DATE: April 12, 2010
TO: Michael C. Van Milligen
City Manager
FROM: Mark Dalsir"ig yrp
Chief of Police
MEMORANDUM
RE: Alcohol Compliance — Civil Penalty for Alcohol License Holders
INTRODUCTION:
The purpose of this memorandum is to administer the civil alcohol compliance violation
penalty regarding Iowa Code §123.49 (h) to the following businesses for selling alcohol to
an underage person: first offense violation for Taiko Restaurant Inc., 2155 South Park
Court, Walgreen's #6154, 2260 John F. Kennedy Road, Chances R, 1046 Central Avenue,
and second offense violation for Lot One, 100 Main Street.
BACKGROUND:
The Dubuque Police Department continues to work toward the prevention of alcohol sales
to underage youth by completing alcohol compliance checks to area businesses. The
compliance checks employ underage youth supervised by Dubuque Police Officers to
confirm area businesses are not selling alcohol products to underage persons. The
compliance check consists of the following:
1) An underage youth working with Dubuque Police Officers enters the permit
holder business and requests the purchase of alcohol.
2) The underage youth remains under direct supervision during the compliance
check by the accompanying officers.
3) If asked, the underage youth is instructed to show their true underage
identification to the employee /clerk. Additionally, the underage youth is
instructed to truthfully answer all questions asked by the employee /clerk.
4) If a purchase is made, the youth leaves the business and meets with the officers
at a predetermined location where an accounting of the purchase is completed.
5) Once the youth is away from the business, the investigating officer approaches
the clerk, identifies him or herself and completes the investigation. In most cases
this results in issuing a citation for selling alcohol to an underage youth.
6) Once the clerk/employee has been cited, the officer attempts to contact the
manager or owner telling them of the violation and the possible civil penalties.
7) Upon conclusion of the criminal disposition resulting in a guilty plea or conviction,
initiation of the civil penalty to the business license holder begins. The business
license holder civil penalty includes:
anon
.
r�r
5 x
1s`
November 17, 2009
Taiko Restaurant
2155 South Park Court
Chien Liao
1
July 13, 2009
Walgreen's #6154
2260 John F. Kennedy Rd
Thomas Smith
1
September 22, 2009
Chances R
1046 Central Avenue
Linda Johnson
2"
December 11, 2009
Lot One
100 Main Street
Ross Dillavou
Alcohol Compliance Civil Penalties - Iowa Code 23:50 A
(a) 1 Violation: $500 fine or 14-day suspension
(b) 2 Violation within 2 years: $1,500 fine and 30 -day suspension
(c) 3 Violation within 3 years: $1,500 fine and 60-day suspension
(d) 4 Violation within 3 years: Revocation
DISCUSSION:
When an alcohol compliance violation occurs and renders a guilty plea, the business
holding the alcohol liquor license receives notice by certified mail of the violation. The
notice includes notification of the allegation, a hearing complaint with court documentation
of the plea, and an Acknowledgement /Settlement Agreement. The Acknowledgement /
Settlement Agreement allow the license holder to settle the matter prior to a formalized
hearing. If the license holder wishes to decline the public hearing, the license holder
acknowledges the violation, signs and returns the Acknowledgement /Settlement
Agreement along with the appropriate fine payment.
The following license holders have received notification by certified mail of an alcohol
compliance violation for selling alcohol to an underage person. As a result, Taiko
Restaurant, 2155 South Park Court, Walgreen's #6154, 2260 John F. Kennedy Road, and
Chances R, 1046 Central Avenue submitted payment and the Acknowledgement /Settlement
Agreement acknowledging a first offense alcohol compliance violation.
Contact was made with Lot One, 100 Main Street, on April 1 2010 regarding their second
offense alcohol compliance violation. Kurt Guler requests to be heard by the City Council
concerning the violation. We propose to schedule the second offense alcohol civil penalty
violation hearing for May 3` 2010.
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement /
Settlement Agreements for a first offense alcohol compliance violation for Taiko
Restaurant, 2155 South Park Court, Walgreen's #6154, 2260 John F. Kennedy Road, and
Chances R, 1046 Central Avenue.
Additionally, we would recommend a second offense alcohol civil penalty hearing be
scheduled for May 3 2010 for Lot One, 100 Main Street.
ACTION REQUESTED:
City Council consideration to accept and approve the attached Acknowledgement /
Settlement Agreements for a first offense alcohol compliance violation for Taiko
Restaurant, 2155 South Park Court, Walgreen's #6154, 2260 John F. Kennedy Road, and
Chances R, 1046 Central Avenue.
Additional, we would request a second offense alcohol civil penalty hearing be scheduled
for May 3 � , 2010 for Lot One, 100 Main Street.
Cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
1s VIOLATION
IN RE:
Taiko Restaurant
2155 South Park Court
Dubuque, IA 52003
BEFORE THE DUBUQUE CITY COUNCIL
Taiko Restaurant Inc.
2155 South Park Court
Dubuque, IA 52003
ORDER ACCEPTING
ACKNOWLEDGMENT /SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 19 day of April, 2010, in lieu of a public hearing on the matter, the
Dubuque City Council approves the attached Acknowledgement /Settlement Agreement
between the above - captioned permittee and the City of Dubuque.
THEREFORE, the Dubuque City Council, FINDS that the above captioned
permittee has remitted to the City of Dubuque a civil penalty in the amount of five
hundred dollars ($500.00). Be advised that this sanction will count as a first violation of
Iowa Code 123.49, subsection 2, paragraph "h ", pursuant to Iowa Code section 123.50,.
subsection 3, paragraph "a ". IT IS THEREFORE ORDERED that the judgment in this
matter is hereby satisfied.
PASSED AND APPROVED this/ d y of April 2010.
Attest:
eanne Schneider, CMC, City Clerk
oy J Buol, Mayor
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
1 VIOLATION
IN RE:
Walgreen's # 6154
2260 John F. Kennedy Road
Dubuque, IA 52001
BEFORE THE DUBUQUE CITY COUNCIL
: Walgreen Company
: P.O. Box 901
: Deerfield, IL 60015
: ORDER ACCEPTING
: ACKNOWLEDGMENT /SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 19 day of April, 2010, in lieu of a public hearing on the matter, the
Dubuque City Council approves the attached Acknowledgement /Settlement Agreement
between the above - captioned permittee and the City of Dubuque.
THEREFORE, the Dubuque City Council, FINDS that the above captioned
permittee has remitted to the City of Dubuque a civil penalty in the amount of five
hundred dollars ($500.00). Be advised that this sanction will count as a first violation. of
Iowa Code 123.49, subsection 2, paragraph "h ", pursuant to Iowa Code section 123.50,
subsection 3, paragraph "a ". IT IS THEREFORE ORDERED that the judgment in this
matter is hereby satisfied.
PASSED AND APPROVED this / day of April 2010.
Attest:
eanne Schneider, CMC, City Clerk
Roy D ` uol, Mayor
IN RE:
ALCOHOL COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
1 VIOLATION
Chances R
1046 Central Avenue
Dubuque, IA 52001
BEFORE THE DUBUQUE CITY COUNCIL
On this 19 day of April, 2010, in lieu of a public hearing on the matter, the
Dubuque City Council approves the attached Acknowledgement /Settlement Agreement
between the above - captioned permittee and the City of Dubuque.
THEREFORE, the Dubuque City Council, FINDS that the above captioned
permittee has remitted to the City of Dubuque a civil penalty in the amount of five
hundred dollars ($500.00). Be advised that this sanction will count as a first violation of
Iowa Code 123.49, subsection 2, paragraph "h ", pursuant to Iowa Code section 123.50,
subsection 3, paragraph "a ". IT IS THEREFORE ORDERED that the judgment in this
matter is hereby satisfied.
PASSED AND APPROVED this/ day of April 2010.
Attest:
Jeanne Schneider, CMC, City Clerk
: Linda R. Johnson
: 550 Nocturnal Lane
: Dubuque, IA 52003
: ORDER ACCEPTING
: ACKNOWLEDGMENT /SETTLEMENT
AGREEMENT
FIRST VIOLATION
Roy D uol, Mayor
In the Matter of
d /b /a
BEFORE THE CITY COUNCIL
OF
THE CITY OF DUBUQUE, IOWA
Joe Zwack
100 Main Street
Dubuque, IA 52001
Lot One
100 Main Street
Dubuque, IA 52001
NOTICE AND ORDER SETTING HEARING
ON
APPLICATION FOR DETERMINATION REGARDING ALCOHOL COMPLIANCE
2 OFFENSE
The Application for Determination regarding Alcohol Compliance Violation, 2nd
Offense having been filed by the City Manager with the City Council to determine
whether the alcohol permittee, Lot One, 100 Main Street, Dubuque, Iowa constitutes
a second violation of Iowa's Alcohol law § 123.49 and § 123.50, and the City Council
having determined that a hearing should be set on the Application and Notice thereof
provided to the alcohol permit holder.
You are hereby notified that a hearing is set for the 3 day of May, 2010, 6:30 o'clock
P.M. at the Historic Federal Building, 2 floor, 350 West 6 Street, Dubuque, Iowa,
on the Application for Determination regarding Alcohol Compliance Violation, 2
Offense, a copy of which is attached hereto.
A copy of this Notice shall be posted on the building at and a copy shall be delivered
personally to business owner.
Dated this 23 day of April, 2010.
Roy D.�: uol, Mayor