Loading...
Alcohol Compliance_Civil Penalty for Alcohol Licens 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: August 31, 2010 Chief of Police Mark Dalsing recommends that the City Council accept and approve the Acknowledgement /Settlement Agreements for a first offense alcohol compliance violation for Kwik Stop, 2255 Kerper Boulevard; Sid's Beverage, 2727 Dodge Street; and 1 Luv Food, 535 Hill Street; a second offense alcohol compliance violation for Applebee's 1355 Associates Drive; and a third offense alcohol compliance violation for The Lounge, 481 Locust 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 M' hael C. Van Milligen Dubuque AN-America City 1 2007 THE CITY OF DUB MEMORANDUM Masterpiece on the Mississippi DATE: September 2, 2010 TO: RE: Michael C. Van Milligen City Manager FROM: Mark Dalsi Chief of Police }r� 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 to Kwik Stop, 2255 Kerper Boulevard, Sid's Beverage, 2727 Dodge Street, and 1 Luv Food, 535 Hill Street; second offense violation to Applebee's, 1355 Associates Drive, and Hi -Ho Mongolian Grill, 2660 Dodge Street; and a third offense violation to The Lounge, 481 Locust 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: Offense I ifigiation Violation Date I Business ' - Add're"sa` Employee 1 March 30, 2010 Kwik Stop 2255 Kerper Blvd. Robert Morley 1st March 12, 2010 Sid's Beverage 2727 Dodge St. Wesley Bowers 1 February 15, 2010 I Luv Food 535 Hill St. Kathryn Fisher 2' January 18, 2010 Applebee's 1355 Associates Dr. Jeffrey Aller 2 " January 18, 2010 Hi -Ho Mongolian Grill 2660 Dodge St. Hoang Minh Duong 3 ftl September 25, 2009 The Lounge 481 Locust St. Mary Love Alcohol Compliance Civil Penalties — Iowa Code §123.50 (a) 1 Violation: $500 fine or 14-day suspension (b) 2 Violation within 2 years: $1,500 fine or 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 allows 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, Rainbow Oil Company, P.O. Box 768, Sid's Beverage, 2727 Dodge Street, and TFM Company, 535 Hill Street, has submitted payment and the Acknowledgement /Settlement Agreement acknowledging a first offense alcohol compliance violation. Additionally, Apple Corps LP, 1709 South Triple Crown Street, has submitted payment and the Acknowledgement /Settlement Agreement acknowledging a second offense alcohol compliance violation. Hi -Ho Mongolian Grill was also notified by certified mail of an alcohol compliance violation. Currently the business is closed, and this has been referred to the city's legal department for follow -up. The City of Dubuque Legal Department has drafted a settlement agreement with The Lounge, 481 Locust Street, which consists of making $200 monthly payments until the $1,500 civil penalty is paid in full, and serving a 60 day suspension of their liquor license. RECOMMENDATION: It is recommended the City Council accept and approve the attached Acknowledgement / Settlement Agreements for a first offense alcohol compliance violation for Kwik Stop, 2255 Kerper Boulevard, Sid's Beverage, 2727 Dodge Street, I Luv Food, 535 Hill Street, Applebee's, 1355 Associates Drive for a second offense alcohol compliance violation; and The Lounge, 481 Locust Street, for a third offense alcohol compliance violation. ACTION REQUESTED: City Council consideration to accept and approve the attached Acknowledgement / Settlement Agreements for a first offense alcohol compliance violation for Kwik Stop, 2255 Kerper Boulevard, Sid's Beverage, 2727 Dodge Street, I Luv Food, 535 Hill Street, Applebee's, 1355 Associates Drive for a second offense alcohol compliance violation; and The Lounge, 481 Locust Street, for a third offense alcohol compliance violation. cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk Attest: BEFORE THE CITY OF DUBUQUE CITY COUNCIL ORDER ACCEPTING ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Alcohol Compliance — 1 Violation RE: Kwik Stop 2255 Kerper Boulevard Dubuque, IA 52001 On this 7th day of September, 2010, in lieu of a public hearing on the above captioned matter, the City of Dubuque City Council approves the attached Acknowledgment/Settlement Agreement between Rainbow Oil Company Inc. and the City of Dubuque. THEREFORE, the City Council finds the above captioned licensee has remitted to the City of Dubuque a civil penalty in the amount of five hundred dollars ($500.00). Please be advised that this sanction will count as a first violation of Iowa Code §123.49, pursuant to Iowa Code §123.50(3)(A). THEREFORE, it is ordered that the judgment in this matter is hereby satisfied. PASSED AND APPROVED this 7th day of September, 2010. Roy D.:��ol, Mayor eanne Schneider, City Clerk • • • . Rainbow Oil Company Inc. • . P.O. Box 768 • . Dubuque, IA 52004 BEFORE THE CITY OF DUBUQUE CITY COUNCIL ORDER ACCEPTING ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Alcohol Compliance — 1 Violation RE: Sid's Beverage Store 2727 Dodge Street Dubuque, IA 52003 Attest: Jeanne Schneider, City Clerk • • Sid's Beverage 2727 Dodge Street • Dubuque, IA 52003 • • On this 7th day of September, 2010, in lieu of a public hearing on the above captioned matter, the City of Dubuque City Council approves the attached Acknowledgment/Settlement Agreement between Sid's Beverage and the City of Dubuque. THEREFORE, the City Council finds the above captioned licensee has remitted to the City of Dubuque a civil penalty in the amount of five hundred dollars ($500.00). Please be advised that this sanction will count as a first violation of Iowa Code §123.49, pursuant to Iowa Code §123.50(3)(A). THEREFORE, it is ordered that the judgment in this matter is hereby satisfied. PASSED AND APPROVED this 7th day of September, 2010. Roy D. 'uol, Mayor RE: I Luv Food 535 Hill Street Dubuque, IA 52001 On this 7th day of September, 2010, in lieu of a public hearing on the above captioned matter, the City of Dubuque City Council approves the attached Acknowledgment/Settlement Agreement between TFM Company and the City of Dubuque. Attest: BEFORE THE CITY OF DUBUQUE CITY COUNCIL ORDER ACCEPTING ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Alcohol Compliance — 1 Violation THEREFORE, the City Council finds the above captioned licensee has remitted to the City of Dubuque a civil penalty in the amount of five hundred dollars ($500.00). Please be advised that this sanction will count as a first violation of Iowa Code §123.49, pursuant to Iowa Code §123.50(3)(A). THEREFORE, it is ordered that the judgment in this matter is hereby satisfied. PASSED AND APPROVED this 7th day of September, 2010. 0 Roy D. Ool, Mayor eanne Schneider, City Clerk TFM Company 535 Hill Street Dubuque, IA 52001 Attest: BEFORE THE CITY OF DUBUQUE CITY COUNCIL ORDER ACCEPTING ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Alcohol Compliance — 2nd Violation RE: Applebee's 1355 Associates Drive Dubuque, IA 52002 On this 7th day of September, 2010, in lieu of a public hearing on the above captioned matter, the City of Dubuque City Council approves the attached Acknowledgment/Settlement Agreement between Apple Corps LP and the City of Dubuque. THEREFORE, the City Council finds the above captioned licensee has remitted to the City of Dubuque a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) and agreed to a thirty (30) day suspension of their liquor license. Please be advised that this sanction will count as a second violation of Iowa Code §123.49, pursuant to Iowa Code §123.50(3)(A). THEREFORE, it is ordered that the judgment in this matter is hereby satisfied. PASSED AND APPROVED this 7th day of September, 2010. Roy D. ,Gol, Mayor eanne Schneider, City Clerk Apple Corps LP 1709 South Triple Crown Street Wichita, KS 67206