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Alcohol Compliance Hearing_Lot One 5 3 10Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Alcohol Compliance - Lot One Hearing May 3, 2010 DATE: April 29, 2010 Dubuque ketiti All-America City 111111 2007 Chief of Police Mark Dalsing recommends the City Council hold a hearing regarding the 2 "d offense civil alcohol compliance penalty violation for Lot One. The hearing should determine if the alcohol compliance civil penalty should be assessed. 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 L Mic ael C. Van Milligen THE CITY OF DUB UE MEMORANDUM Masterpiece on the Mississippi DATE: April 29, 2010 TO: Michael C. Van Milligen City Manager FROM: Mark Dalsing n ' 1 Chief of Police RE: Alcohol Compliance — Lot One Hearing May 3, 2010 INTRODUCTION: The purpose of this memorandum is to provide background material regarding an alcohol compliance violation alleged to have occurred December 11, 2009 at the Lot One, 100 Main Street in violation of Iowa code §123.49(h). The hearing is scheduled for the City Council meeting May 3, 2010. BACKGROUND: In cooperation with the Iowa Department of Health in the prevention of alcohol sales to underage youth, the police department conducts periodic alcohol compliance checks to area alcohol license holders to ensure compliance with Iowa code §123.49(h) regarding the sale of alcohol to underage persons. On December 11, 2009 the Dubuque Police Department conducted a number of these alcohol compliance checks. The compliance checks employ underage youth supervised by Dubuque Police Officers. The compliance check consists of the following: 1) An underage youth working with Dubuque Police Officers enters the liquor license holder business and requests the purchase of an alcohol product. 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: DISCUSSION: On December 11, 2009 at 8:20 P.M. the police department conducted an alcohol compliance check at Lot One, 100 Main Street. During the compliance check two officers from the police department entered Lot One and observed while a compliance monitor (age 18) entered with a third police officer. At that time the compliance monitor approached the bartender and requested to purchase two bottles of Bud Light beer. The male bartender, Ross M. Dillavou, sold the beer to the compliance monitor for a total price of $6.00. After completion of the sale, the compliance monitor left the business with a police officer. Corporal Eastvedt left the business and spoke briefly via phone with the compliance monitor. Corporal Eastvedt re- entered Lot One, identified himself as a police officer and told Ross Dillavou he had sold alcohol to an underage person. Ross Dillavou was cited for one count of providing alcohol to a person under 21 in violation of Iowa Code §123.49(h). After issuing the citation Corporal Eastvedt spoke to the manager, Jason Bahl, and explained the situation to him. According to Iowa District Court on -line reporting, Ross Dillavou pled guilty to providing alcohol to persons under 21 December 22, 2009 and was fined $500 with court and surcharge costs of $235 for a total of $735. On March 10, 2010 two certified letters (one to the business and one to the liquor license holder) were sent to Lot One, 100 Main Street explaining the violation and to give notice regarding the civil penalty for violation of Iowa's Alcohol law 123.49(h). The correspondence contained the Hearing Complaint, the police report and the guilty plea of the employee. Additionally, the correspondence contained an Acknowledgement /Settlement Agreement allowing the acceptance of the violation and the payment of the 1 offense civil penalty of $500. On April 1, 2010 follow -up contact was made with Curt Guler of Lot One regarding the civil violation. Curt Guler requested to be heard by the City Council. As a result, the City Council set May 3, 2010 at 6:30 P.M. as the hearing date for Lot One, 100 Main Street regarding being heard concerning the alcohol civil penalty. On April 29, 2010 Joe Zwack of Lot One personally received notice of the hearing coupled with a posted copy at the business. The notice contained a NOTICE AND ORDER SETTING HEARING ON APPLICATION FOR DETERMINATION REGARDING ALCOHOL COMPLIANCE VIOLATION 2 OFFENSE and attachments that included the original Hearing Complaint, the officer report, and the Iowa District Court on -line disposition report showing the employee guilty plea and assessment of fine. RECOMMENDATION: It is recommended the City Council hold an alcohol compliance hearing May 3, 2010 regarding the 2 offense civil penalty violation concerning the December 11, 2009 violation for Lot One, 100 Main Street, to determine if the civil penalty should be assessed. ACTION REQUESTED: We request City Council to hold a hearing regarding Lot One, 100 Main Street concerning a 2 offense civil alcohol compliance penalty violation. We request the hearing be held May 3, 2010 to determine if the alcohol compliance civil penalty should be assessed. Cc: Barry Lindahl, Corporation Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk Police Department Law Enforcement Center 770 Iowa Street P.O. Box 875 Dubuque, Iowa 52004-0875 (563) 559 -4410 office (563) 559 -4397 fax March 5, 2010 Joe Zwack 100 Main Street Dubuque, IA 52001 RE: Alcohol Compliance Violation — 2" Offense Lot One 100 Main Street Dubuque, IA 52001 Liquor License Holder, The purpose of this correspondence is to give notice regarding a second offense for selling of alcohol to an underage person at your business. On two separate occasions employees of your business sold alcohol to underage persons. The incidences occurred 12/4/2008 and 12/11/2009. On 5/7/2009 employee, Curt D. Guler was found guilty of selling alcohol to an underage person related to the 12/4/2008 incident and 12/22/2009 Ross M. Dillavou was found guilty of selling alcohol to an underage person related to the 12/11/2009 incident. In addition to the criminal offense, a mandatory civil penalty is administered. Because this is a second offense, the mandatory civil penalty is $1,500.00 fine and a 30 -day alcohol suspension. As the liquor license holder you have the opportunity to be heard by the City Council at a public hearing regarding this violation. You may be represented by an attorney at your own expense regarding the mandatory civil penalty as prescribed by Iowa Code §123.50 for violation of Iowa Code section 123.49 (h), selling, giving, or otherwise supplying any alcohol to any person under twenty -one years of age. In anticipation of the City Council public hearing, the public hearing will be scheduled at the April 19, 2010 City Council meeting. The City Council meeting will be held at 6:30 olatloi$500 fi Iolalio :w!thln 2 ioiati0W.1. hin 3. Iolatioi wittiin :3. ode; §123 5O Service People Integrity Responsibility Innovation Teamwork P.M. in the Historic Federal Building, 350 West 6 Street, Dubuque, Iowa, 2nd floor. The hearing complaint, which has been filed against you, is attached. If you wish to settle this case in lieu of the public hearing, you may complete the attached Acknowledgement /Settlement Agreement, returning the original copy, properly signed and dated. This must be done no later than ten (90)- business days prior to the hearing date. Accepting and abiding by the terms of the Acknowledgement /Settlement Agreement will satisfy the penalty for a second violation under Iowa Code §123.50 and will conclude the matter. If your decision is to pay the civil penalty of $1,500 and serve the 30 -day liquor license suspension, you must include a check in that amount payable to the City of Dubuque. The Acknowledgement /Settlement Agreement must be returned to: City of Dubuque Clerk's Office City Hall 50 West 13 Street Dubuque, Iowa 52001 If you or the attorney representing you has any questions, please feel free to contact my office at (563) 589 -4411. Thank you in advance for your cooperation in this matter. Mark M. Dalsing Chief of Police cc: Lot One 100 Main Street Dubuque, IA 52001 DUBUQUE POLICE DEPARTMENT LICENSED ESTABLISHMENT INSPECTION PAGE 1 OF CASE NO. / ( ?--- 7i S DATE OF INSPECTION / A ) / / 9 TIME OF INSPECTION vG a ( - 3 14Z L' ESTABLISHMENT - BUSINESS NAME CC 4 e? c PHONE NUMBER •e 7 0; ESTABLISHMENT BUSINESS ADDRESS (Inspection Location) /a '7A /,) 5 / LICENSEE - OWNER �� `/0 G` ' G � u � A r ' PHONE NUMBER Sol () - 2 Q r> LICENSEE - OWNER ADDRESS /» /2-3,e S7 Ail /die" LICENSES II BEER NUMBER LIQUOR 0LIQUOR/BEER / s7 EXP DATE NUMBER TOBACCO 1 EXP DATE J OTHER • NUMBER SPECIFY EXP DATE PURPOSE FOR INSPECTION EMPLOYEE INFORMATION ROUTINE - ANNUAL DISTURBANCE REPT of UNDERAGE REPT of DRUGS ALCOHOL COMPLIANCE TOBACCO COMPLIANCE SMOKE FREE AIR ACT FULL INSPECTION ASSIST OTHER AGENCY OTHER (Specify In Narr) 1 FIRE CODE INFORMATION . YES NO 40 BARTENDER NAME . CLERK 4,3 S / /2, //,,A7 ",Zie," 1 EXIT SIGNS VISIBLE B . 1 EXITS OBSTRUCTED • n A WITHIN OCCUPANCY LOAD ig . . . SMOKE FREE AIR ACT INFO . NO SMOKING" SIGNS VISIBLE ■ . ASHTRAYS PRESENT fl 21- 1 PERSONS SMOKING . LI ADDRESS /J / n e ���??? ' q -700' ( P/ !'fi DOB 7///0:5 • BARTENDER NAME CLERK ADDRESS DOB a PRESENT MANAGERIOWNER NAME 1 NOTIFIED --- PERSONS ARRESTED - CHARGED (Additional on Reverse) ARRESTEE NAME DOB i CHARGE(S) ARRESTEE NAME DOB CHARGE(S) ARRESTEE NAME DOB CHARGE(S) VIOLATIONS OBSERVED or CHARGED, INCLUDING MUNICIPLE INFRACTIONS (Check All That Apply Details In Narritive) INDIVIDUALS . PUBLIC INTOXICATION - IA 123.46 . PERSONS UNDER 21 IN BAR AFTER 2100 HRS (18 -20 YRS OLD) - DBQ 5 -7.2A . PERSONS UNDER 21 IN BAR AFTER 2100 HRS (UNDER 18) - DBQ 5 -7.2A . POSSESSION ALCOHOL UNDERAGE - IA 123.47 1 MISREPRESENTATION OF AGE TO PURCHASE ALCOHOL. - IA 123.49(3) . UNLAWFUL USE OF DL OR ID TO PURCHASE ALCOHOL - IA 321.2168 . UNLAWFUL USE OF DL OR ID TO PURCHASE TOBACCO - IA 321.216C . DISORDERLY CONDUCT - IA 723.4 . SMOKING IN PROHIBITED AREA - 1420.9 . POSSESSION TOBACCO UNDERAGE - FIRST OFFENSE - IA 453A.2(A) . POSSESSION TOBACCO UNDERAGE - SECOND OFFENSE - IA 453&2(C) . POSSESSION TOBACCO UNDERAGE - THIRD OFFENSE - IA 453A2(D) 1 INTERFERENCE WITH OFFICIAL ACTS - IA 719.0 . OTHER (SPECIFY) OR BUSINESS • SERVING INTOXICATED PERSON - IA 123.49(1) El EMPLOYEE PROVIDING ALCOHOL TO UNDERAGE PERSON - IA 123.49(21-{)(A) • OWNER PROVIDING ALCOHOL TO UNDERAGE PERSON - IA 123.49(2H)(B) II PROVIDING TOBACCO TO UNDERAGE PERSON 1ST OFFENSE - IA 453A.2 1 PROVIDING TOBACCO TO UNDERAGE PERSON 2ND OFFENSE - IA 453A.2(A) • PROVIDING TOBACCO TO UNDERAGE PERSON 3RD OFFENSE - IA 453A2(B) • LIQUOR IN CONTAINER OTHER THAN ORIGINAL - IA 123.49(2)D i PUBLIC INTOXICATION - IA 123.55 • DISORDERLY CONDUCT - IA 723.4 • INTERFERENCE WITH OFFICIAL ACTS - IA 719.1 • PERMITTING PERSON UNDER 21 IN BAR AFTER 2100 HRS - DBQ 5 -7.2C • VIOLATION OF BUFFET DRINKING ORDINANCE - DBQ 5-9 • VIOLATION OF SMOKE FREE AIR ACT - IA 142D.9 OTHER (SPECIFY) 0 •FFICE ( k &) ( '/<ielE� POLICE BADG (S) . C) DATER / " 0 IL D 1i / ©�j UPE I OR //w/ i 8 ' 3 CHIEF REVIEW DATE LIG`ENSE RENEWAL RECOMMENDATION YES 11 NO I n I DETAILS IN NARRATIVE DUBUQUE POLICE DEPARTMENT LICENSED ESTABLISHMENT INSPECTION PAGE 2 OF ,-2 ARRESTEE NAME DOB CHARGE(S) ARRESTEE NAME DOB CHARGE(S) ARRESTEE NAME DOB CHARGE(S) ARRESTEE NAME DOB CHARGE(S) ARRESTEE NAME DOB CHARGE(S) 5 / yy�� ,,((�� fjj/ /^ / /7 c_. /j r,r3 v !gQ /,.v fir. ° /ei S'Z't [ c/ ZG ! .C1 i 45 ccJ //tCA..) e /6G S' /f. / 1 � c�/ 4"../ lJ.- ,/c/F2 ,45 rib /*-- ,-7.,0 /' 1// 4 /Z , GYh-7 . v i , 7 ,-/ , //(4- ( ,-- .�-, / / / / ie A , /V c,- Z1E.2/ L - A.//e", /jj .. ,., , / a --- 7 - , / .4 7a /r /f z.,_)//, /.4/6 .C Au ��5.L// /o - 77 - &- X--)ii .e, f' €.4 , ,, /,�iP ��S s /)'l . a //A 1/0zi - c, / ,/ 7j /''5•/ .,lam .�^ r. 0 t /�/7,7/ ,, / A, '1C/- /t , ,4i..,l., 4 ..., / ■ i .. . / '. - . • , 7 , -------7 _ S -,-., / c' %/,L L ''?' / ' // ,1 �/ 7 ) /�.1 7 & //V NA 0/6%, --2r: d ,0-2l /c / ///i:74/0/.4 4 41, dU /0 .'/4(/GG /e - C.0 e.//e /11, /ie 5. /UE// / .6 ,qr? /f- - a,' 02 _774 dere ./n ,067r, -7 d ,,, /‹ ,-i2, 0' /g142 ' /a ', ' Z ' F es/ / n /26 f7 Zee' 4 t -e . 4. / /EN (3i / 4 5 �c� d C' /� ..c i d /Ze" ti' 4%,./ 0/4 1, /J-7, , A /4va r Z. --- / ✓, �iva l c° C" ,q a `s' -"l7 , /✓ '� // 1'' �/ c% / '. /iv P o" / !, // C./ / F- O °' Zr J . . . S Cs/( . / A /. , % ,27(71 C j G iJ 7/6 "0"./c /S / <Yj // ,Sf .04) / . :P /) S ;/` 74 .d a A Ci ,v,; 'Pl/ /) 111/ REPORTING OFFICERS) //e BADGE(S) (--1 DATE REPQRT FILED I /2 /i / Qq CONTINUED ON SR Q om/ -��c 2< DUBUQUE POLICE DEPT. sne SUPPLEMENTARY REPORT XX Initial Report Additional Information Offense: Sell Alcohol to a Person Under Victim: City of Dubuque Age CASE NO: 09 -57635 Related Cases: Page 1 of 1 On December 11, 2009 CPL Eastvedt, CPL Steil, and OFF O'Brien were engaged in conducting alcohol and tobacco compliance checks at various businesses in the community during which time CPL Eastvedt and OFF O'Brien entered Lot One, located at 100 Main Street, in plain clothes at approximately 2020 hours and observed while 18 year old Compliance Monitor (AO) and CPL Steil entered and 18 year old Compliance Monitor (AO) approached the bartender while CPL Steil went to the restroom. At that time Compliance Monitor (AO) requested to purchase two bottles of Bud Light Beer. The W/M bartender, later identified as ROSS M DILLAVOU, sold the beer to the youth without requesting to see an ID. DILLAVOU sold the two bottles of Bud Light Beer to 18 year old Compliance Monitor (AO) for $6.00 at which time the Compliance Monitor took the two beers from the bar to a small table. CPL Steil joined (AO) at the table then the two of them left the bar shortly thereafter. CPL. Eastvedt and OFF O'Brien observed the bartender and the manager walk to the west end of the bar soon after 18 year old Compliance Monitor (AO) exited and peer out the windows in an apparent attempt to discover where (AO) had gone. CPL. Eastvedt exited the bar to retrieve reports and citations from his vehicle and debriefed via cellular telephone with 18 year old Compliance Monitor (AO) and CPL Steil. Upon return to the bar, CPL Eastvedt observed that DILLAVOU and the manager, JASON BAHL, were peering out the west window and west door. After re- entering Lot One, CPL Eastvedt approached DILLAVOU, identified himself as a police officer, and advised DILLAVOU of the violation. When asked why DILLAVOU did not check an ID on the youth he stated to CPL Eastvedt, "I didn't even think of it" because "we never have people underage in the bar." DILLAVOU further stated that they usually have a bouncer at the door to check ID's. CPL Eastvedt cited DILLAVOU for one count of selling alcohol to a person under the age of 21 and released him on citation. OFF O'Brien completed the Licensed Establishment Inspection form and inspected the liquor license. During that time the Manager, JASON BAHL, who had been at the far east side of the bar during the transaction, advised OFF O'Brien that when he looked over and saw the youth with the beer he had a sinking feeling. CPL Eastvedt explained the Civil Penalty process to the manager, JASON BAHL, and informed him that this was a second violation for that business which would result in a $1,500.00 Civil Penalty and a 30 suspension of their Liquor License. JASON BAHL expressed a desire to have the 30 day suspension take place as soon as possible to avoid being closed during the warmer weather months. CPL Eastvedt advised BAHL that the city would start the process as soon as the criminal case against the bartender, DILLAVOU, was concluded. CPL Eastvedt left his card with BAHL and advised him to call if he had any further questions in regard to the matter. _PropNeh Report Filed _X Continued on SR 10 Current Status Excp Clr DATE: 12/11/2009 Rpt. Off(s): CPL Steve Eastvedt Bdg: L3 CO App: Bdg: Charges Page 1 of 1 Charges, Dispositions, Sentences Title: DUBUQUE vs. DILLAVLU, ROSS MICHAEL Case: 01311 DUSTA0031678 (DUBUQUE) Citation Number: Defendant: DILLAVLU, ROSS MICHAEL Count 01 Charge Charge: DU /4- 2A -3.I -B Description: SUPPLY ALCOHOL TO PERSO] EMPLOYEE Offense 12/11/2009 Arrest Against Type: Date: Date: DPS Number: Adjudication Charge: Adj.: Adj.Judge: Comments: Sentence Charge: DU /4- 2A -3.I -B Description: SUPPLY ALCOHOL TO PERSO] EMPLOYEE Sentence Date: Appeal: Facility Type: Restitution: Lic.Revoked: Fine Amount: Comment: DU /4- 2A -3.I -B Description: SUPPLY ALCOHOL TO PERSO] EMPLOYEE GUILTY - ' Ad' Date: 12/22/2009 NEGOTIATED/VOLUN PLEA I 12/22/2009 Sentence: FINE Sen.Judge: Attorney: Drug: Extradition: DDS: Batterer: Duration: http: / /www.iowacourts. state.ia.us/ ESAWebApp/ TViewCharges ?fromPrinterFriendlyPage =y... 3/1/2010 Financials Page 1 of 1 Financials Title: DUBUQUE vs. DILLAVLU, ROSS MICHAEL Case: 01311 DUSTA0031678 (DUBUQUE) Citation Number: Summary Orig Paid Due COSTS 60.00 60.00 0.00 FINE 500.00 500.00 0.00 SURCHARGE 175.00 175.00 0.00 RESTITUTION 0.00 0.00 0.00 OTHER 0.00 0.00 0.00 $735.00 $735.00 $0.00 SUPPORT /ALIMONY N/A 0.00 N/A Detail Payor/ Obligor/ Orig Amount Payee Obligee Pd. Amount Date Receipt Type http: / /www.iowacourts. state. ia. us/ ESAWebApp/ TViewFinancials ?fromPrinterFriendlyPage... 3/1/2010 DUBUQUE POLICE DEPARTMENT CF( ) CASE NO. LICENSED ESTABLISI MENT INSPECTION CA( ) © 8 - G c p 75 O O NARRATIVE - LIST REASON FOR CHECK, EVIDENCE OF VIOLATIONS JUVENILES, GAMBLING, INTOXICATED PERSONS, KPC's, REMARKS ESTABLISHMENT 20 T ON E TIME AND DATE 3OR IG`S /0 2 6 ADDRESS /O , . ST n, E E'-r - Duda 1.t.9 aL,C ) LICENSEE 5fe 5p2 F w.. Tn "Re rutT ADDRESS LICENSES ( ) BEER NUMBER mac) BEER/LIOUOR L G vo 3 318 7 BARTENDER 6.:Wer b. 6-4e.164 ' DOB: ." WA. 3/ s 7G ADDRESS /a.7 o.i sT .5 7 =' 5r. - Ju /a'c.-Q u�' ARRESTEE NAME ®�p 4.urt.T- b. (S•/.e„1e& DOB: , o G DOB: 1,23.YA CHARGE ARRESTEE NA3IE ARRESTEE NAME DOB: CHARGE ARRESTEE NAME DOB: CHARGE REPORTING OFFICER(S) 6' ,C. STE yr sTvEvr BADGE (S) L 3 DATE REPORT FILED i..1 o Wel sad SUPERVISOR BADGE ,lrL i1.14-L2 -Yb 1A' DUBUQUE POLICE DEPT. sne CASE NO: 08 -55875 SUPPLEMENTARY REPORT Initial Report _ Additional Information Related Cases: Offense: Sell Alcohol to a Person Victim: State of Iowa Page 1 of 1 Under Age On December 4, 2008 CPL Eastvedt, and OFF O'Brien were engaged in conducting alcohol and tobacco compliance checks at various businesses in the community during which time CPL Eastvedt, and OFF O'Brien entered the Lot One located at 100 Main St. in plain clothes at approximately 1815 hours and observed while 15 year old Compliance Monitor CAC entered and requested to purchase a bottle of Bud Light Beer. CPL Eastvedt, and OFF O'Brien observed as the W/M bartender requested an r - bartender a ID, did a cursory inspection of it and made the sale of alcohol to CAC for $2.75. (See O'Brien Supplemental Report) CAC then walked up to file-i the counter where CPL Eastvedt was standing and placed the 12oz bottle of Bud Light Beer ° or the counter next to CPL Eastvedt. After the sale was completed Compliance Monitor CAC exited the businesses and conferred with OFF O'Brien �iniho followed. • CPL Eastvedt remained inside the business and observed the W/M bartender until the return of OFF O'Brien, after which they approached the bartender, identified themselves as police officers, and advised the W/M bartender that he had just sold alcohol to a person under the age of twenty= one =and that the officers would need to see his identification as well as the liquor license for the business. The W/M bartender admitted making the sale but insisted that he had checked an ID and he thought the person was born in 1983 rather than 1993. CPL Eastvedt confronted him with the fact that the youth did not Idol( 25 years of age and the bartender admitted that CAC looked too young to be 25. He presented an Iowa drivers license to CPL Eastvedt which confirmed his identity as CURT DELBERT GULER W/M DOB 04/23/1976 and provided a local address of 927 West 5th Street, Dubuque. OFF O'Brien inspected the business licenses ;while CPL Eastvedt issued the citation to GULER for selling alcohol to a person less_ than twenty -one years of age. GULER requested the name of the youth and asked if the youth would be receiving a citation. CPL Eastvedt explained that the youth was employed by the Dubuque Police Department and would not receive a citation since the youth committed no violation. CPL Eastvedt also declined providing the youth's name - and the officers explained that this was for safety and security purposes. After issuing the citation, CPL Eastvedt asked GULER to notify the manager regarding the violation of the alcohol laws and GULER stated that he was not the manager that he "just tends bar." He later stated that he was in fact the manager. CPL Eastvedt then explained the Civil Penalty process to GULER to which GULER replied that he understood. CPL Eastvedt asked GULER if he had any questions and he just replied, "Have a Merry Christmas!" Upon completion of all reports the officers exited the business. PropNeh Report Filed _X_ Continued on SR 10 Current Status Excp Clr • DATE: 12/04/2008 Rpt. Off(s): CPL Steve Eastvedt Bdg: L3 CO App: Bdg: DUBUQUE POLICE DEPT. SUPPLEMENTARY REPORT _ Initial Report Offense: On December 4, 2008 at approximately 1810 hours Corporal Steve Eastvedt and this officer, Officer Shane O'Brien, entered the bar called LOT ONE at 100 Main Street, Dubuque, Iowa. During that time LOT ONE was having a contest for a free admission to the WILLIE NELSON concert being held that evening. Corporal Eastvedt and Officer O'Brien ordered two beers and paid for the beer but did not drink from it. A short time later a juvenile employee of the City of Dubuque entered the bar and' attempted to purchase a beer. The manager, CURT GULER, DOB: 04- 23 -76, talked to the youth on the southwest corner of the bar. He looked at the youth's ID and proceeded to give him a Bud Light beer. The beer was purchased for $2.75 by the youth. After obtaining the beer, the youth came and stood by Corporal Eastvedt but did not drink from the beer bottle. He was then asked to wait for Officer O'Brien and Corporal Eastvedt in the car in the parking lot. This officer went to the parking lot and obtained the charging materials. I then came back into the bar and identified myself as a Dubuque Police Officer to Manager /bartender Curt Guler. He was subsequently charged in the offense under Section 123.49(2)(H). PropNeh Report Filed DATE: Dec. 11, 2008 Rpt. Off(s): Officer S. O'Brien SR Additional Information Related Cases: Victim: Page 1 of 1 J' 1 Bdg: 51 K3 12/12 (1065) CASE NO: 08 -55875 Continued on 10 Current Status CO App: Excp Clr Bdg: Charges Page 1 of 1 Charges, Dispositions, Sentences Title: STATE vs. GULER, CURT D Case: 01311 STA0015266 (DUBUQUE) Citation Number: Defendant: GULER, CURT D Count 01 Charge Charge: 123.49(2)(H) -D Offense Date: DPS Number: Adj.: GUILTY BY COURT Adj.Date: 05/07/2009 Adj.Judge: NEMMERS, JOHN T (MAGISTRATE) Comments: Sentence Sentence Date: Appeal: Facility Type: Restitution: Lic.Revoked: Fine Amount: Comment: 05/07/2009 N N 12/04/2008 500 Description: SUPPLY ALCOHOL TO PERSON UNDER EMPLOYEE Arrest Date: Against Type: Adjudication Charge: 123.49(2)(H) -D Description: SUPPLY ALCOHOL TO PERSON UNDER EMPLOYEE Charge: 123.49(2)(H) -D Description: SUPPLY ALCOHOL TO PERSON UNDER EMPLOYEE Sentence: FINE Sen.Judge: NEMMERS, JOHN T (MAGISTRATE) Attorney: N Drug: N Extradition: DDS: N Batterer: Duration: http : / /www.iowacourts. state. ia. us/ ESAWebApp/ TViewCharges ?fromPrinterFriendlyPage =... 5/21/2009 Financials Title: STATE vs. GULER, CURT D Case: 01311 STA0015266 (DUBUQUE) Citation Number: Summary ri Paid Due COSTS 50.00 0.00 50.00 FINE 500.00 0.00 500.00 SURCHARGE 160.00 0.00 160.00 RESTITUTION 0.00 0.00 0.00 OTHER 0.00 0.00 0.00 Make a payment on this case SUPPORT /ALIMONY Detail Payor/ Obligor/ Orig Amount Payee Obligee http: / /www.iowacourts. state. ia. us/ ESAWebApp/ TViewFinancials ?fromPrinterFriendlyPag... 5/21/2009 $710.00 $0.00 $710.00 N/A 0.00 N/A Pd. Amount Date Receipt Type IN RE: ALCOHOL COMPLIANCE ACKNOWLEDGMENT /SETTLEMENT AGREEMENT 2n VIOLATION Joe Zwack 100 Main Street Lot One Dubuque, IA 52001 100 Main Street ACKNOWLEDGMENT/ Dubuque, IA 52001 SETTLEMENT AGREEMENT ACKNOWLEDGMENT /SETTLEMENT AGREEMENT I (We) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (We) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (We) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (We) understand that this penalty will count as an official "Second Violation" of Iowa Code §123.50 pursuant to Iowa Code §123.49 (h). I (We) understand that the penalty for this second violation is a $1,500.00 fine and a suspension of my (our) liquor license for 30 days, beginning on the date specified in the official City of Dubuque order that I will receive. DATE In accordance with Iowa Code §123.49 (h), the above - captioned liquor license holder chooses the following penalty: ❑ $1,500.00 fine and a 30 -day suspension (2 " Offense Violation) 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. In you decide to sign this ACKNOWLEDGMENT /SETTLEMENT AGREEMENT and waive your appearance at a hearing, this document, properly signed and dated as well as a check in the amount of $1,500.00 should be returned to: City of Dubuque Clerk's Office City Hall 50 West 13 Street Dubuque, IA 52001 IN RE: Lot One 100 Main Street Dubuque, IA 52001 Attest: Jeanne Schneider, CMC, City Clerk ALCOHOL COMPLIANCE ASSESSING PENALTY 2 VIOLATION BEFORE THE DUBUQUE CITY COUNCIL : Joe Zwack : Lot One : 100 Main Street : Dubuque, IA 52001 : ORDER ASSESSING PENALTY : SEDOND VIOLATION On this 3rd day of May 2010, after a public hearing on the matter, the Dubuque City Council finds that based upon evidence submitted by the Dubuque Police Department, the above - captioned permittee committed a violation of Iowa Code §123.49 (h), selling, giving, or otherwise supplying alcohol to any person under twenty - one years of age. THEREFORE, the Dubuque City Council, hereby orders that a civil penalty in the amount of $1,500.00 be remitted by the above - captioned permittee, to the City of Dubuque, check made payable to the City of Dubuque on or before June 2, 2010 (30 days from the date of this order) after serving a 30 -day suspension of liquor license which shall begin immediately. This sanction will count as a second violation of Iowa Code section §123.50, pursuant to Iowa Code section §123.49 (h). PASSED AND APPROVED this day of May 2010. Roy D. Buol, 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, 2nd 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 IN RE: Lot One 100 Main Street Dubuque, IA 52001 ALCOHOL COMPLIANCE COMPLAINT 2 VIOLATION • • • • Joe Zwack Lot One 100 Main Street Dubuque, IA 52002 -9715 HEARING COMPLAINT The City of Dubuque hereby makes the following complaint against the above named permittee. 1. Iowa Code Section 123.49, Subsection 2, Paragraph "h ", provides that no person shall sell, give, or otherwise supply any alcoholic beverage, wine, or beer to any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, or permit any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, to consume any alcoholic beverage, wine, or beer. 2. Iowa Code Section 123.50 provides that if any licensee, wine permittee, beer permittee, or employee of a licensee or permittee is convicted or found in violation of Section 123.49, Subsection 2, Paragraph "h ", the local authority shall, in addition to criminal penalties, assess a civil penalty. 3. Iowa Code Section 123.50, Subsection 3, Paragraph "b" provides that a second violation of Iowa Code Section 123.49, Subsection 2, Paragraph "h ", result in a civil penalty in the amount of fifteen hundred dollars ($1,500.00) and a thirty (30) day suspension of the liquor license. 4. On or about December 4, 2008, the permittee or an employee of the permittee sold an alcoholic beverage, wine, or beer to a person under legal age. A copy of the Compliance Check and /or Criminal Conviction is attached and incorporated herein. 5. On or about December 11, 2009, the permittee or an employee of the permittee sold an alcoholic beverage, wine, or beer to a person under legal age. A copy of the Compliance Check and /or Criminal Conviction is attached and incorporated herein. 6. Therefore, in accordance with Iowa law, the City of Dubuque requests the Dubuque City Council find a violation of the above - referenced sections of Iowa Code Chapter 123.50 and assess a civil penalty in the amount of fifteen hundred dollars ($1,500.00) against Lot One, 100 Main Street, Dubuque, IA 52001 and impose a thirty (30) day suspension of the liquor license to begin immediately. Mark Dalsing, Chief of Police Dubuque Police Department 770 Iowa Street Dubuque, IA 52002 STATE OF IOWA ) COUNTY OF DUBUQUE ) I certify receipt of the attached notice for service on Lot One and that I served it on each defendant named below by: (a) delivering to the defendant a true copy at the time and place set forth opposite the defendant's name below. Name // Date County State 0 v /a/z.a 10 c. i„,6 pc.97xr �!Q AIA )44G. /7O Z (b) posting the notice at the facility known as Lot One, 100 Main Street, Dubuque, IA 52001. CERTIFICATE OF SERVICE The undersigned hereby certifies that a genuine copy of the foregoing document was served by personal service upon the persons named below and at the addresses indicated on the ,.2 day of A 2010. Dated: a y / Served on: Lot One 100 Main Street Dubuque, IA 52001 r i`ya Notary Public, Ind Fek the State of Iowa 43 Officer Signature MartTIVIt i a ^. DAWNy G } Commission Number 743490 klr Comm. En. OCT. 19, 2010 Subscribed and sworn before me, a Notary Public in the State of Iowa, this :Sla h day of *Non I , 2010. STATE OF IOWA COUNTY OF DUBUQUE ) I certify receipt of the attached notice for service on .SOE ZW A and that I served it on each defendant named below by: (a) delivering to the defendant a true copy at the time and place set forth opposite the defendant's name below. Name Dated: a ' / 02 q /d0/0 Served on: Joe Zwack d /b /a/ Lot One 100 Main Street Dubuque, IA 52001 Notary Public, In d Fo he State of Iowa Date o v/2Q /zo)6 /b Z 7 Off cer Signature County ✓!it 151.1-9 r�£ State CERTIFICATE OF SERVICE The undersigned hereby certifies that a genuine copy of the foregoing document was served by personal service upon the persons named below and at the addresses indicated on the P 2 9 day of pal 2010. 7 I.D. No. Subscribed and sworn before me, a Notary Public in the State of Iowa, this ,21`t day of . 11,,t . , 2010. • `'� DAWN YOUNG ' ,CammIseon Number 748480 ,� Mr CcYA OCT. 18, 2010