Alcohol Compliance Hearing_Lot One_ExhibitsM 1H',MORANDUM
Masterpiece on the Mississippi
DATE: June 26, 2009
TO: Michael C. Van Mil!igen
City Manager
FROM: Terry Tobin
Acting Police Chief
RE: Alcohol Compliance — Civil Penalty for Alcohol License Holders
PLAINTIFF'S
EX1IBIT
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 Happy's Place, 2323 Rockdale Road, Ron's
Discount Smokes & Beverage Center, 1450 Loras Blvd., Dubuque Bowling Lanes, 1029 1/
Main Street, Road Ranger #159, 2175 Central Avenue, Europa Haus Restaurant, 1301
Rhomberg Avenue, Lot One, 100 Main Street, and second offense violation to Phillip's 66 —
Arby's, 10 South 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
Iicense holder: civil en lty includes::
DISCUSSION,
When an alcohol cornpliance.violation oc:curs,and renders a guilty plea:,. the business,
holding' the. aacoh l 'liquor license receives notice eby ,certified niai of the violation, The
notice in l des notification of the •ale at:ion:, iheariog complaint : iith -court documentation.
of the :plea,. ,and :an A kno ale : m.eintl 'ettler nt Agrooment.. TheTho..Aoknowleddomenti
Settlement Agreement allow the Incense holder to sottle the matter prior to a • orn7:aze .•.
he.aring. If the: license holder wishes: to decline the public hearing„. the license holder
acknowledges the. violation, signs :and returns the Ackn.owled.genentlettlement
.Agreement along with the appropriate fine. payment.
The. following. Incense holders have •received::notification by certified mail .af -:an alcdhoi
compliance violatio:n for :set in alcohol to an underage .perso:n,..As :a. result, .•H•app 's .Place:,
.:232a Rockdale .Road:, Ron's DiscountSmokes & Beverage Center,.1 o. Lo.ras :Blvd.:and
Road: Ranger 1 g,..1 75 central Avenue have submitted: payment .and th.e
Acknowledgement/Settlement .Agreement-aoknowiedging a first offense alcohol. :compliance
.viol:atio►n.
l hil ip's 60.. - Ar. by's, 1.g South slain has submitted payment and th:e
Acknow.ledgementlSettiement ,g reernnent. acknowledging a. second offense alcohor
cornp.liance violation. Their 30.day suspension v as l b:e :servedt .September 1, 009 through
September 3 ,. 2009..
Lot. One .was :contacted on .June 24 •E :and veil be making payment on or: before June g
009. Europa Haus was also .contacted on June 24th a:nd is. e pecte to make paymen:t:.
Dubuque Bowling Lanes has submitted the Ackn.o .i.edgeme:nt/Settlernent Agreement.
acknowledging a.first offense :alcohol compliance:vioiatibn and!has chosen the 44 day
liquor. license.suspensio.n:, which •will he served June 16th .009 through :June ►, oog.
•
a 1011 Date
Violation
Business
.4 St
S
April 3, 2009
March 5:, 2009
Happy's Place
Ron's Discount
3 Rockdale .Road
1450 Loras Blvd.
Kenne Hancock
Kristine Ferguson
st
st
1St
St
March 12, 2009
March 13, 2009
February 28, '2009
ecember 4, 2008
Dubuque Bowllng.
Road Ranger
Europa Haus
Lot One
1029 % Main Street
2175 Central A e.
301 .RhoMbergiAveoue
100 Main.Street
Raymond Pfeiffer
Elizabeth. Bogovich
•Joseph'W&hlinger
'Curt,Guler
April 7, 2009
Philip's 6 rby's
10 South Main Street
my Petersen
RECOMMENDATION:
It isrecommended the City •Councilaccept andapprove the :.ttathed. Acknowledgement/
Settlement Agreements.for.a first:offense .alco.hol. compliance violation forHappy
2323. Rockdale Road, Ron''s Discount Smokes & Beverage Center, "1450 Loras:Blvd., Road
Ranger #159, 21.75 CentrolAvonuo, and Dubuque Bowling Lanes, 1029 1/2 Main Street. lit is
recommended the it :0006011 accept and approve the ottochod AOKriowlocigerriont
•Settlement Agreements for a 'first offense :alcohol compliance violation for Europa Haus,
1301 Rhomberg Avenue and Lot One, 100 Main Street, when they are received.
Additionally, it is recommended the City Council :accept and approve the :attached
Acknowlectgornonti$ottlertient.Agreptnent$ for a second offense alcohol compliance
violation foimPhillip',$ Arby's, 10 South 01. Street.
ACTION REQUESTED:
City Council consideration to :accept ;and approve the attached Acknowledgement/
Settlement Agreements for a first:offense alcohol compliance violation for Happys Place,
2323 Rockdale Rood, Rot:l.'s Discount Smokes & Beverage Center, 1450 Loras Blvd., Road
Ranger #159, 2175 Central Avenue, and Dubuque Bowling • 1.4000s, 1029 14 j\/1010 Street.
We would request City Council consideration to accept abd 'approve the payment and the
.Acknowledgement/Settlement Agreement when it is :received for a first :offense alcohol
compliance violation for :Europa !Haus,1301 Rhornberg Avenue and Lot One, 10.0 Main
Street.
Additionally, it is 1,cb.01010nd0d the city Good" accept and approve ile attached
.Acknowledgement/Settlement Agreements fora second offense alcohol compliance
violation for Phillip's 66.,Arby's,10 South Main Street.
cc'
Barry Lindahl, City Attorney
Cindy Steinhauspr, Assistant City Manager
Jeanne Schneider, City Clerk
CPL Eastvedt remained inside tl e bi sinessnta .obbserved....the
.. •�� '1i bartender
Until the return of OFF O .Brien; of er hich they ap reached the bar and:erg `ide.ntified
themselves as police :officers, and: advisedx t =e l ►ortender that he had: just sold
'alcohol to ;person under they ye af er the -officers would :need toi
see his identification as eis the i, uor licen=tr.:h� Business} -e
.,,... � . ... .............:.. .. .... .ender
h 1l� bard.
admitted Making the .s
person was. born ..in 1
that. the'yocith did 'not 1
too young to
'insisted
..or -than 1993.
dears of
8:e.nted ar
•
ecked an 1L� .and he th..0 ht the
stvedt .confronted � im with the€act
oe t and thebare:nder admitted that :CAC looked
a �driveis license to PL Eastvedt which
DTJBUQi1E POLICE DEPT. - sne
SUPPLEMENTARY REPORT
CASE N 08-55875
initial Report. Additional Information Related Cases:: .
"enwe: ,ell Aloha to :. Person Victim: .State .oaf Iowa.
IJnd.er , e
Page X <of 1
n .., ecem .._er :4 oo : CPL Eastvedt, and OFF O'Brien were engaged in
conducting alcoholaloohol and tobacco :compliance checks at various .businesses in the
community :during..which t me L _Eastved:t, .and °OFF O'Brien,entered the Lot One
located at 1.00 Main $t.:in :plain clothes. at. approximately 1815 hours and -observed
while 15ht Beer,year-old Compliance Monitor- AC 'entered and requested to: purchase bottle
of .:B.ud :Ligri x
4«� r •,i:� tip .
: L a tvedt,. and OFF O'Brien observed :as.
ID, did a cursory inspection of :it ,and made the s
O'Brien Suppletnental, !Report)CAC then w ll c
Eastvedt was standing and placed the:' oz bottle of Buy
next to QPI, Eastvedt. After the sale was fste •on pliance
the businesses and conferred with l 'r r:�.k.
lowed.
ender requested :an.
for $2.75 (See
We" where CPL
on x the counter.
C exited.
•
cornfirne.
t UL.ER .:DOB 0412-1.1976 an provided
-local :a dress of v test ti street ,,Cluk a -. ue. -OFF �o:'Brien ins ected-MO-business -
. q p ..
licenses it CPL d the citation to ULER for selling alcohol to a
person
and as!
youth
citation ince. e
�.4 Vr
the .youth's .nary
purposes..
After issuing .the citation,. PL .Eastved:t.:asked L t notify the manager
regarding the violation of the alcohol laws and ULFR. stated: that. he .vas not the
manager that. he 'just; tends bar," :He later stated that he was :fin. fact the manager. CPL
Eastvedt then: explained the Civil Penalty process to GULER to. which : L. F :refilled
that he understood, CPL Eastvedt asked UL Rif he had any questions 'and. he lust
replied, ;`Have :a Merry. . hristrr as!" upon completion :of all reports the officers exitOdi
-the busness,
isideh`
tit
•
e Eastvedt.sue :
n enty-one years of age. UL R requested the name of :the youth
if the youth would i be receiving :a citation. C:PL Eastvedt explained that the
�r p oye yrthe Dubuque Police Departmentwould.a
and nct receive
putt coi rnitted no violation. :CPL Eastvedt also declined providing,
officers explained that this Was for safety and security
ropNeh Report Filed Continue on SR 10 Current Status Exep C r
DATA 12/04/2008
Rapt. Offs) CPL Steve Eas vedt Bag: L3 :CO App: lid ::
......... .
DUBUQUE POLICE
SUPPLEMENTARY REPORT
jniflal RReport
Offense:
K3 12/12 (1065)
Additionall Infrmation:
Victim:
CASE. NO: - 7
Related Cases:
Page 1of1
•
n.Dec December 4,. 2008 at approximately 1810 hours Corporal Steve :Eastvedt :and : this.
officer, Officer Shane O'Brien,entered the bar called 'L T ONE at 100 Main Street, ubuque
lowa. 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 chid not
dank from it.
short time later a juvenile .em�:;lo:..:�ee the of : u..uque entered bar..a �.... employee of City Dubuque � the.and
attempted to purchase .a beer, The .manager, CURT G LE DOB: 04-23-76, talked to the ypUth,
on the southwest :corner of the bar. He'looked at the youth's ID and proceeded to give him :.a B ud
Light beer. The beer was : purchased for $2,75 b the youth.: After obtaining the beer, the youth
came :.and stood by or .oral Eastvedt but did not drink from the beer bottle. :He was then s
to wait for officer 'Brien and Corporal: Eastvedt in the .car :in, the parking lot.
This officer went to the parkin lof and obtained the chargng materials. al, fi then carrie.ba
into the bar and identified ified. myself as a Dubuque Police O ficet to l anageribarten er Curt Guler.
Fle was .subsequently :charged in the offense under Section 1 .49(2)(H).
Prod:
�leh Repiort Filed
DATE: Deo, 11, : 2008
ROt. Off(s): Officer S.
O'Brien
Continued on
Bd 1.
0 Curren Status
Exc
lr
N
Page1 of
Charges, Dispositions, Sep.tp.nce$.
Title: STATE: vs. ouLER:, CURT D
Case: 01311 STA0015266 (PL1)311QM
Citation Number:
Defendant: GULER, CURT D
Count 91 :Charge:
Charge: 12349(2) '43 Description: : .Su• PPMOy LALCOHOL TOPERSON.1
EA:YER'
:Offense. Arrest12/04/2008 .
Date:
DPS:
:Number:
Adjudication
Against Type:
. 4
SUPPLY ALCOHOL TO PERSON UNDER
Charge: 123.49(2)(11)-D Descriptio
11 EMPLOYEE
Adj.: GUILTY BY OURT Adj.Date: 05/07/2009
Adj..judge:
isTEMMERS, JOHN T (MAGISTRATh)
.Comments:
Neritencp
.Charge: 12149(2)(WD
Sentence
05/07/2009
Date:
Description: SUPPLY ALCOHOL TO PERSON UNDER
EMPLOYEE
Sentence: FINE
Appeal:.S,Judge: NEMMERS, JOHN T (MAGISTRATE)
Facility
Type:
Restitution:
Lic.Revoked:
Fine
Amount:
Comment:
Attorney:. .N
N ru .;: .N txtradition:
N DDS: N )34ttotor:
5.00 :Duration:,
,bgp://vamiowacouttmtatejLusiESAWebAppiniiewCharges7from 512.1/2009
Financials
Title: STATE vs. D .
Case: 01311 STA001 QUE.)
Citation Number:
u
COSTS
CHARGE
R TITUTIO
OTHER,
cake a payment on this case.
SUPPORT/ALIMONY
.
Paid, :Due
50.00 0f00 0.00
500.00 0,00 500.00
160.00 0.00 160.00
0.00 0.00 0.00
0.00 0.00 0.00
710.0 $ .00
NIA ..00
7 0.Q0
Detail
Payee,
,Obligee
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Police Department
Law Enforcement Center
770 Iowa Street
P.O. Box 875
Dubuque, Iowa 52004-0375
(563) 569-4110 office
(563) 589-4497 fax
March 5, 2010
Joe Zwack
100 Main Street
Dubuque, IA 52001
RE: Alcohol Compliance Violation — 2nd Offense
Lot One
100 Main Street
Dubuque, IA 52001
Liquor License Holder,
�r'A� �q Y-✓u�i
PLAINTIFF'S
EXHIBIT
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
Service
People
Integrity
Responsibility
Innovation
Teamwork
RM.. in the Historic Federal:Building., 350 West 6th Street, :Dubuque, Iowa, 2r 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 (1,4)basines,,:days
prior to thehearing 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 $.1;500 and serve the 30-day fiquor license suspension, you must include
check in that:aft:int:payable:to the City of Dubuque. The
Acknowledgement/Settlement Agreement must bereturned. to::
City of Dubuque Clerk's Office
City Hall
50. West 43th Street
:Dubuque, lowa 62001
If you or the attorney representing. you has any questions, please feel free to contact :my
office at (563) 589-4411. Thank you in advance for your cooperation in this matter.
SinceTly,
Mark M. Dalsing
Chief of Police
co: Lot One
100 Main :Street
Dubuque
•st
.44•••—•-•••••
D J Q �� E POLICE DEPARTMENT LICENSED ESTABLISHMENT INSPECTION
DATE OF INSPECTION
POLICE CHIEF REVIEr
DATE
PAGE 1 OF
TIME OF :IN§PECT1ON
PHONE NUMBER:
LI. 1 NSE RENEWAL .RECOMMENDATION:
DES .0 N0
.DETAILS IN
'NARRATIVE:
DUBUQUE POLICE DEPARTMENT LICENSED ESTABLISHMENT INSPECTION PAGE 2 OF
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CONTINUED ON. SR
DUBTJQUE POLICE DEPT.
SUPPLEMENTARY REPORT
xx Initial Report Additional Information
Offense: Sell. Alcohol to a Person Under Victim: City of Dubuque
Age
sne
CASE NO: 09-57635
Related Cases:
Page I of 1
-:December. 11, 2009 -C-PL. Eastvedt, CPL. Steil, and :OFF :O'Brien were :engaged. in.
conducting alcohol and tobacco compliance checks at various businesses in the community.
during which : time CPL. Eastvedt and OFF ::Q'Brien. entered Lot One, located: at 100 Main
Street, in plain clothes- at approximately •20:20 -hoofs- and. observed while .18 year old.
Compliance: Monitor (AO) and ...GpL, Steil entered and 18 year old Compliance.- Monitor. (A0).:::
approached: the bartender while CPL: Stoll went to the restoorn. At that time Compliance::
Monitor (AO) requested to :purchase two bottles of Bud Light .Beer, The 1/WM bartender, later
ictOntified. as RO$'$.::M DILLAVOU, .sold 'the. beer to- the youth without requesting to see -an IQ,...
DILLAVOU sold the two bottles -of Bud Light.: Boor to 1.8.•year- old Compliance Monitor (AO) for
6.00 at which time the Coh.Vitiaroe: Monitor took the two beers from: the .bar to aH801-01.1 table.
.:01.DL :Steil joined (AO) : at the table then the two. of them left the .bar .shor**thereafter.
OPL. .Eastvedt and OFF :O'Brien observed the bartender and the manager walk to the
west.: e.nd of the bar soon after 10 year old Compliance Monitor -(AO) eAted and poor out the
windows an .apparent.. attempt to c.liscovor where (AO) had gone:. :CPL. Eastvedt exited 'the
bar to retrieve reports.,and citations from his vehicle and debriefed via cellular telephone with.
18year old Compliance Monitor (AO) and TCP1.. SteiL Upon return to :bar„ Qp4. Eastvedt
observed that DILLAVOU and the manager, -.JASON .BAHL,were peering out the west.
window and .west door. :After reentering Lot One, CPL, iEastvedt approached s DILLAVOU„
iciOntifiecihimself 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, "1 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 1D's. CRL..Eatttedt cited . DELLAVQU.
for one count - of selling 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
Iiquor license. .During that time the .Manager, 4ASON 13AHL, who had .been -at. thefar :east
side of thebar during the transaction, :advised OFF O'Brien that when 'he looked- over and
saw the youth with the beer be: 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 irt
$1,::509,00 Civil Penalty :and a 30suspension 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 BAH.1... that thecity start the process as soon as the, criminal case against the bartender, DILLAVOU, was
concluded,. •Qp.L. Eastvedt eft his card With BAHL: and: advised him. to call if he. :had :any
further questions In regard to the matter.
•M
.Prop/Volt Report. Piled: Co4litnied .on :SR 10 Currotit-Statns. E,X00. Cfr
DATEt: 12/1 1/20.09
Rpt„ QM* .CP1,1 StoveTastveat. Bdgt L. CO.App: 13dg::
Charges Page .1:oft
Charges, Dispositions, Sentences
Title: DU. U U vs. ]DILL U, ROSS : :AEL
Case: 1 11:DU TAUO31 78:(DUBUQUE)
Citation Nurser:
Defendant: DI : ' I U, ROSS
ICHAEL
Count 01 Charge
Charge
Offense
Date:
T'
Number:
Adjudication
Char ge
Ad.:.
Adj.Judge
Comments:
sSentence
Charge:
Sexnteuce.
Date:
Appeal:
Facility
Type:
Restitution:
Fine
Amount:.
C:omi:0n:U
12/1 :/2 09
r .1-B
GUILTY
NEGOTIATED
DUl
1.2/2 /20'09
SUPPLY ALC 3 OL TO PERSOI
Description: ENIPLOYE
Arrest
Date:
Against Ty pe:
SUPPLY ALCOHOL TO PERSO]
Descr piton EMPLOYEE
iL PLEA . ,Aj.`Date 12/22/2009
SU 'PLY ALCOHOL TO .PEO]
Description: EMPLOYEE
Sentence: FINE
Sen.Judge:.
Attorney:
Drug:
DDS
Duration:
:
Extradition:
atstarer::
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Financials Page 1 of 1
Financials
DUBU IT, vs. DILLAVLU, ROSS MICHAEL
Case: 01311DUSTA0031678 (DUBU UE)
Citation Number:
Paid Due
60,00 60.00 0.00
Summary
COSTS
FINE
SURC GE
RESTITUTION
OTHER
T/ALIMONY
,•
500.00 500.00 0,00
175.00 175,00 0.00
i
0.00 0.00 0.00
0.00 ' 0.00 0.00
$735.00 $735,00
0.00 N/A
Payori Obligor/
Detail — Orig Amount
Payee Obligee
Pd. Amount Date Receipt Type
http: www.iowacourts.state.ia.us SAWebApp/TViewFinancials?fromPrinterFriendlyPage... 3/1/2010
s ei
MI
R
iece on the
ississippi
June ., :2
f
g
:l chael: c. Van l.11 1gen
City Manager.
FROM: Terry Tobin:
Acting Police Chief
RE: Alcohol Compliance --- Civi
enalty for AlcoholLicense Holders
I NTRODUT O
:. � . �. violation.
The .purpose ,of this memorandum is to administer the 'civil: alcoho: co: p:ian:ce '..i.. .�i .�.�:..
penalty regarding IowaCode .12 .{h.}.. to. the .folloWing businesses alcoholto
an underage person: firstoffense `ense violation. to Happy:s. Place, 2323. Rockdale e load.,
.Dis+ ou:nt. noes . B verage Center', 1450 Loras vd.,Dubuque Bowling :Lanes, f029. .14
• M•
Main street, .Road an..er #159, 21 7: Central. Avenue,. ,Europa . ausHR.estaurant 1 .0
. horn berg..Avenue, Lot One:, 10Q Main Street,. and cord :offense viol atio...., to h i p .
Arby's, 1 o :youth M ain Street.
BACKGROUND:
n toward ention of
The l�ubuqu �P':oli�eDepartment continues .to. work t the .prey ... .. alcohol sales
to underage. youth by corn . feting .al+col of compliance checks to area. businesses... The
. ..,. ,.:liance checks ern � .lo '� undera.�.�� e •;.,oath .supervised b Dubu a Police :Officers to.
comp . . � y ��... y p � g
confirm area businesses are .not selling alcohol products to underage perso 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 :office.(s.. •
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 e purchase :i made, the youth leaves the business and meets with the ,officers
icers
�i ed location Whore an accountin__::of thp ur:chase is com leted
at•:a predeternn�n... .......... .................. g p � p
Once5)
the youth is.away :from: the bu .n ss.,. th:e .invest atin�... officer° .appro c •
the .clerk, identifies him or hersself and completes: the. investigation. In r ios.t case
this results :in issuing a citation: for selling alcohol to a:n :underage youth.
6) :once the clerk/employee :has been cited,, the officer .attempts to contact the
manager or owner telli then .of the violation and the possible .civil penalties.
7)p on 'conclusion .of the brit :. in .spos tion resulting ro guilty p ea or conviction,
initiation .of the civil penalty to the .business l c rrs . holder begin .The business
license holder civil penalty includes:
Revocation
DISCUSSION:
When •an alcohol .compliancesviolatiOri occurs and renders a guilty plea, te business
holding the .61cohotliquor license: receives notice by cetfied. mail ofthe violation, The
noticeincludes notification of the aliegation, a.hearing complaint with court : dooumentotion:.
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.: tithe .11cOti•$e ti01.10( wishes to decline the hearing,,thelicente hold.er . •
•acknowledges the violation,. signs and returns - 'fho.AcknOwto4gerniortUSettlernent
Agreement along with the appropriate fine payment.
. . .
The following license holders have.:received.notific.ation by certified: .maii. ofan alcohol .
compiiance violation for selling ..atcohol to ar.tunderage person..As?!a: result, F.Iappy's
232.3 .RO:.k.d.a:10 Road, .1306's Discount Smokes &: Beverage Center, 1450. Loras• Blvd..: and
Road Ranger #1:59„.:E2175: Central Avenue have submitted payment .and the.
.Acknowled.gementiSeftlemept Agreement ea.cknoWiodgiN a first offenses 01.0obol: compliance
violation.
66 — Arby's, 10 SouthMain has submitted payment and the .
.A0.1(1)01.0d0.011.0tit/SOttlemerit :Ags.roornent,acknowledging a second offense alcohol
compIiance violation Their 30day sutpension, will be served .September 1, 2009__Through
September 3042009...
Lot One was contacted on June :24th' and will be making 'payment on :or before. June:29°,.
20.:09, Europa Haus was also: contacted on June .24th .and is expeoted to make: payment.
Dubuque Bowling Lanes has submitted the Acimowledgoment/Settlement:Agreement
:acknowledging a first offense .alcoh91.complianoe'vida..tior.).: and has chosen .ths.1.4..doy
liquor license •.suspension,. which will :be served June 16th .20:09 through June 30, 2009...
e SE
ration
St
• st
'St
ation: Date
April 3, 2009
March 5, 2009
arc
arch
February
2
na
2009
,..2009
2009
er 4 208
April 7, 2009
Happy's Place
oni's Discount
Dubuque Bawling
Roar
ancer
Europa::Haus
Lot ofle
2323 Rockdale Road
1450 Loras Blvd.
� Oa
1
ain.
entra
tre e
omberg :.Avenue
100 Main
reet
Kenneth • Hancocl
Kristine Ferguson
Raymond o d ,Pfeiffer
Elizabeth E ogovich
Joseph Weiblinger
Cu i c ui.er
Philips''66
1 Outh
ain.
reet
.Amy Petersen
RECOMMENDATION:
It is recommended the City Council accept and approve the ,attached Acknowledgement/
Settlement Agreements for :a first offense alcohol compliance violation for Happy's Place,
2323 Rockdale .Road .Ron s Discount Smokes & Beverage• Center, 1450LorasBlvd., Road
... �
Ranger 159, 2175Central Avenue,'and. Dubuque. Bowling Lanes, 1029 /2 Main . Street. It is
recommended the City Council accept and: approve the attached Acknowledgement /
Settlement Agreements for a first offense alcohol compliance violation for Europa Haus,
1301 Rhomberg Avenue and Lot One, 100 Main Street, when they are received.
Additionally, it is recommended the City Council accept.n approve the attached
:.t/et me Stlement Agreements reements for a second offense alcohol. compliance
Acknowledgement/Settlement ..... .... ...... ......
violation for Phillip's 66 Arby's, 10 South Main Street.
ACTION REQUESTED:
City Council consideration to:: cce ►t:and approve the attached:Ackno edgei en.
Settlement Agreements for a first offense alcohol compliance violation for Happy's Place,
2323 Rockdale Road, Ron's Discount Smokes & Beverage Center, 1450 Loras Baud, . o
al Avenue, and Dubuque BowlingLanes,1029 1/22Main Buret.
Ranger �� �, � �` Central ...q ..... ......
We would request City Council consideration to accept and approve the payment and the
Acknowledgement/Settlement Agreement when it is .received for a first offense alcohol
��o
compliance violation for :Europa Haus, 1301 Rhomberg Avenue and Lot One, 100 Main
.Street..
i.- •. Council and.a -..rove the attached
Additionally, it s ree�rnended the City noun accept i ..........::. .... ... .... ...........
. :
Acrec�vtrldgei�.ei�tfettlerrlient Agreements for•a second offense ffense alcohol compliance
violation for Phillip's 66- Arby's, 10 South Main Street.
Barry Lindahl, City Attorney
Cindy :Ste nhauser, Assistant City l tanager
•
Jeanne Schneider, City Clerk
1 C)
il�nC'.,E'�.l�nC'Y«: r�{4^d"-r'+A":7�Y'�' 'rtii.YT� � •. sue. _ .��! �'��L'Yr�'� ^�
UUE POLICE DEPT. ..
LE NT REPORT
Initial Report Additional.Infore anon
Offense: Sell Alcohol to a Person Victim: State. of Iowa
Under Age
CASE NO: 08-55875
Related Cases:
Page : of
On :December 4 . 2008'. P=L • astvedt, and OFF Br en.:were :engaged in
0000010 alcohol : nd tobacco compliance checks at various businesses .in the
:co.i'nrnunity during_ which time. CPL .:E stvedt, and OFF Brien nt r : the L n;
l.o cued at .1 oo Min:- t: in plain ..clothes: at ,opproximately1.4.1ffi hours and observed
while 1 year .old: :Compliance. Monitor CAC entered and re. uested :to purchase a bottle.
of Bud Light Beer:.
'L Eastvedt.. and OFF 'O'Brien observed as
ID, did a ocursoty inspection of it and made the s:ale `c
O'Brien Supplemental Report) CAS then walwalked
.Eastvedt was standing and :placed the l o bottle of Bu
next to CPL .Eastvedt. After the sale was ompleted 'Cori .plea
the businesses and conferred with CF O'Bi6n.rlarfolloed.
• CPL Eastvedt: remained inside
unf �l the return of :OFF 01Brien,. after?i
themselves as police officers., and a is
alcohol to a person under the ago .of ten'
see his identification re f as th Ii uor licer.
admitted m ki g the sale t ut: insisted that
person was horn in 1:3��thr than I.9
that the youth did not lool` ears of
too young to b t . resented
confirmed h sde itys ,tJR1 DELBI
a local: :address►f 'r' �lvet,xtr=et
licenses while CPL :East.,,
r a < ...
person n less th n :Went:
-
t. n Sri
r.
and ase youth vvo
youth was' mloyed
citation sin..
the :youth's
purposes..
nder requested a:n
for. see
. rite r wh e°re 'P . •
r tin: counter
ncr exited
usinessand observed the /M. bartender
coached the bartender, identified
bartender that he had .just sold
hat the officers would need to
usiness. The . v/M. bartender
c .ed::an .1 :and be thought the.
astvedt• confronted :him with. the fact
aYnd the :bartender admitted that CAC looked
a. drivers license to :cp .L. :Eastvedt which
LE W/l DOB :04/23/1 76 and provided.
uque. OFF O'Brien inspected the business
e citation to U LEIS for Bailin alcohol to-
rs of age. GULER requested the name of the youth
receiving: a citation. PI Eastvedt explained that the.
h Dubuque Police Department and:would
not :receive a
witted no iii.olatjbn. :C1 ':L Eastvedt: also declined providing
officers explained :that this was for safety and security
..After. issuing the citation., CPL Eastvedt .asked GULER to notify the :mama er.
.regarding the violation of the :alcohol laws and ULE .statedthat he
..... ....... ... ...... .. was .not the.
manager that he :"just tends Lar." • H :later stated that he was tn fact the mariner. er. PL
Eastvedt then. explained the Civil .Penalty • rocess •to ULER to whichGULERreplied:
.. . . � " � y p
that he understood,:'; Eastvedt asked GULER if• he had any questions. •and he Just
re:pled; have a :MerryChri8tMASr. upon corletion of all reports the officers :exited
the business,.
__Prop 'e . Report Filed:
DATE: 12/04/2008
Rpt. OM* CPL : Steve Eastvedt.
Confiin.ue % on SR
10. Current Status
CO pp
Excp
Bdg:
DUBUQUE POLICE DEPT.
SUPPLEMENTARY REPORT
_Initial Report
Offense:
.1(5 12112 0(65) CASE -NO: 08-55876
Additional Information Related Cases:
Victim: Page 1 of 1
On December 4, 2008 at approximately1810 hour's :Corporal Steve Eastvedt and this
:off100.,..0fUOtbarte..013rieni, entered the bar called .LOT ONE. at.100 Main Street :Dubuque,
:lowa, During that time LOT 'PK Was .having a contest for asfree. admission to the WILLIE
NELSON concert :being: held that .evening. •
Corporal
drink from it.
Eastvedt and Officer O'Brien ordered two beers and paid for the
beer but did not
1
short time later .a juvenile employee of the City of Dubuque entered the bar and
attempted topurchase a beer. The manager,. CURT GULER, DOB's; 04-23-76, talked to the youth
on the southwest corner of the bar. He looked at the..youthis ID and proceeded to give him :a Bud
Light beer. Thebeer 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 9.\/.8 then .asked
to wait fot-Officer O'Brien. and CorporakEastvedt in the car in. the: parking
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 Outer,
He was :subsequently :charged in the offense under Section 123...49(2)(H).
•,
. „
C:
PropNeh Report Red , OoritiNed on 10 Current Status Excp•Gir
DATE: Do. 11, 2008
Rpt Off(s) : Officer S.
O'Brien
SR
Bdg:
CO * 13dg:
�s h 'rges Pa:1 of .
Charges, isp ►sit o :s, Stntau0s
Title:. •STATE vs. GULER CURT .D.
Case: 01311 STA l0 6d DUBU E).
Citation: umber::
Defendant: G LE ., : CURT D
Count 01
.l,atige
-Charge.
Offense
Date;
'Number:
12 .49(2)
12/04/2008
_D.
I PLY.ALCOHOL; TO PERSON UNDER
Description: EMPLOYEE
Arrest
Date:
Against Type:
a .
Ad ud nation
Charge:: 123.49(2)(H)-D Description:
SUPPLY ALCOHOL TO PERSON UNDER.
EMPLOYEE
Adj. GUILTY BY•COURT Ad, iDate:: :05/07/2009
A.d .Judge::..
NEIVT►4ERS, JOE T :(MAGISTI ATE)
C0111ulients:
Sentence
Charge::. 2 .49 2 -'+:Description:S-.7tT.J%��PPLeb ALCOHOL T. O PERSON UNDER
Sentence
Tate:
Appeal:
Facility
Type:.
Restitution:
L c.Revaked
Fine
Amount:
:Comment:
05/07/2009
500
Sentence: FINE
.SSeJudg.e: E R: , JC I T'.(MA IST ATE)
•Attorney .N
D►ru:g:.
: titterer;
Durationti
Extradition:
:htt://w wbiaw'aeour 1s,state:ia.u:s A ebA p► T ie harries fr Pri ter1 err y1' e / 1 40
•
Financials
/ Title: STATE vs. GULER, CURT D
Case: 01311 5TA0015266 (DUBUQUE)
Citation Number:
Summary
COSTS
FINE
ST1RCH.GE
RESTITUTION
OTHER
Make a payment on this case
SUPPORT/ALIMONY
.prig Paki Due:
5.0,00 0.00 50,Q0
:5.00.00 0.00 500,00:
160.00 0,00 16O00
0.00 0.00 0.00
0,00 .0.00 C0.0
$710.00 $0.00 $710.00
N/A 0.00 N/A
•
Payori Obligor/
Detail Orli). Amount
Payee Obligee
a•
pd, Am Mint Date Receipt Type.
httpliwwwdowaeourts.state.ia.usiESAWebAppilVievvFinancials?fromPrinterFriendlyPag... 5/21/2009
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