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
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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