Alcohol Compliance Civil Penalty for Lot OneMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Alcohol Compliance - Civil Penalty for Lot One
DATE: September 15, 2010
Dubuque
kifta
AY- AmedcaCity
t
2007
Chief of Police Mark Dalsing is recommending that the City Council accept the
Acknowledgement /Settlement Agreement for a second offense alcohol compliance
violation 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
Michel C. Van Milligen
THE CITY OF
DUB1tJE MEMORANDUM
Masterpiece on the Mississippi
DATE: September 14, 2010
TO:
RE:
Michael C. Van Milligen
City Manager
FROM: Mark Dalsin
Chief of Police
0
Alcohol Compliance — Civil Penalty for Lot One
INTRODUCTION:
The purpose of this memorandum is to administer the civil alcohol compliance violation
penalty regarding Iowa Code §123.49 (h) to Lot One, 100 Main Street, for a second offense
violation for selling alcohol to an underage person.
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:
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) 3rd 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.
Violations occurred as follows:
Offense
Violation
Violation Date
Business
Address
i
Employee I
1 st
2 nd
December 4, 2008
December 11, 2009
Lot One
Lot One
100 Main Street
100 Main Street
Curt Guler
Curt Guler
At this time Lot One has one alcohol violation pending. Under the foregoing Iowa Code
provisions, Lot One is subject to a thirty (30) day suspension of the liquor license and a civil
penalty in the amount of one thousand five hundred dollars ($1,500.00).
Lot One admits the violations. Lot One has agreed to pay the fine of $1,500 for the
December 11, 2009 second offense alcohol violation, and serve a thirty (30) day
suspension of the liquor license before expiration of the current liquor license on May 3,
2011. Additionally, Lot One will be given credit for Sundays in which the business was
closed, and serve the remainder of the suspension according to the schedule on the
settlement agreement.
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement /
Settlement Agreements for a second offense alcohol compliance violation for Lot One, 100
Main Street.
ACTION REQUESTED:
City Council consideration to accept and approve the attached Acknowledgement /
Settlement Agreements for a second offense alcohol compliance violation for Lot One, 100
Main Street.
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
In RE:
ALCOHOL COMPLIANCE
SETTLEMENT AGREEMENT ASSESSING PENALTIES
Lot One
100 Main Street
Dubuque, IA 52001
Liquor License Violation Penalties
Violation Date
December 4, 2008
December 11, 2009
Violation Type
Alcohol Violation
Alcohol Violation
Joe Zwack
Lot One
100 Main Street
Dubuque, IA 52001
1) A thirty (30) day suspension of the liquor license; AND,
Violation Number
1 Violation
2nd Violation
On this day of September, 2010, Lot One and the City of Dubuque City
Council agree as follows:
The civil penalties for liquor license violations, pursuant to Iowa Code §123.50, include:
• 1 Violation: Civil penalty in the amount of five hundred dollars ($500.00).
Failure to pay the civil penalty results in automatic suspension of the license for a
period of fourteen (14) days.
• 2 Violation within two (2) years: A thirty (30) day suspension AND a civil penalty
in the amount of one thousand five hundred dollars ($1,500.00).
• 3 Violation within three (3) years: A sixty (60) day suspension AND a civil
penalty in the amount of one thousand five hundred dollars ($1,500.00).
• 4 Violation within three (3) years: Revocation of the license or permit.
Lot One
Lot One has a liquor license for 100 Main Street. Violations of the liquor license
occurred as follows:
The alcohol violation from December 4, 2008 was processed as a first offense violation
under Iowa Code §123.49(h), selling, giving, or otherwise supplying alcohol to any
person under the legal age.
At this time Lot One has one alcohol violation pending. Under the foregoing Iowa Code
provisions, Lot One is subject to the following:
2) A civil penalty in the amount of one thousand five hundred dollars
($1,500.00).
Lot One admits the violations. Lot One and the City Council have agreed to the
following conditions in settlement of the second offense alcohol violation. Lot One
agrees to and shall:
1) Pay a one thousand five hundred dollar ($1,500.00) penalty for the
December 11, 2009 alcohol violation (Second Offense); and,
2) Serve a thirty (30) day suspension of its liquor license before expiration of
the current liquor license on May 3, 2011.
a. Lot One shall be given credit for Sundays which the business
closed as follows:
b.
May 9, 2010
May 16, 2010
May 23, 2010
May 30, 2010
June 6, 2010
June 13, 2010
June 20, 2010
June 27, 2010
Lot One was closed and receive credit for closures on:
August 16, 2010
August 22, 2010
August 23, 2010
August 29, 2010
August 30, 2010
September 5, 2010
July 4, 2010
July 11,2010
July 18, 2010
July 25, 2010
August 1, 2010
August 8, 2010
August 15, 2010
September 6, 2010
September 7, 2010
September 8, 2010
September 9, 2010
September 12, 2010
September 19, 2010
c. The remainder of the thirty (30) day suspension shall be served as
follows:
September 26, 2010
October 3, 2010
October 10, 2010
THEREFORE, the City of Dubuque City Council hereby orders that the foregoing
civil penalties be remitted by Lot One to the City of Dubuque on or before November 1,
2010 and suspension of the liquor license be served as outlined. Failure to pay the civil
penalty by such date shall result in the automatic license suspension for a period of
fourteen (14) days in addition to the thirty (30) day suspension mandated by law.
PASSED AND APPROVED this day of September, 2010.
Attest:
Jeanne Schneider, CMC, City Clerk
Roy D. Buol, Mayor