Lot One, LLC Alcohol Compliance Settlement AgreementIn RE:
ALCOHOL COMPLIANCE
SETTLEMENT AGREEMENT ASSESSING PENALTIES
Lot One
100 Main Street
Dubuque, IA 52001
Joe Zwack
Lot One
100 Main Street
Dubuque, IA 52001
On this 4th day of October ', 2010, Lot One and the City of Dubuque City
Council agree as follows:
Liquor License Violation Penalties
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:
Violation Date
December 4, 2008
December 11, 2009
Violation Type
Alcohol. Violation
Alcohol Violation
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:
1) A thirty (30) day suspension of the liquor license; AND,
Violation Number
1 Violation
2nd Violation
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
c. The remainder of the thirty (30) day suspension shall be served as
follows:
September 26, 2010
October 3, 2010
October 10, 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
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 4th day of oc tober 2010.
Attest:
Jeanne Schneider, CMC, City Clerk
Karla A. Bra.ig
Mayor Pro -Tem
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Lot One Violations
DATE: September 30, 2010
Dubuque
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All-America City
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Assistant City Attorney Crenna Brumwell is recommending approval of the negotiated
agreement. Crenna has done a good job working out a solution for this situation and
will work with City staff in the development of a policy recommendation to the City
Council.
Chief of Police Mark Dalsing has provided information in response to the letter from Joe
Zwack, the owner of Lot One related to suspension of their liquor license.
The Police Department has developed a highly effective and fair way to check if liquor
license holders are complying with the rules and regulations related to the privilege to
hold that license. While prevention is a difficult thing to quantify, there is little doubt that
this program has prevented many youth from drinking in taverns or buying alcohol and,
therefore, prevented incidents which could have involved death, injury, property damage
and other consequences for these youth.
While I am recommending approval of the agreement with Lot One on the manner in
which their suspension will be served, I want to make two points.
First, it was completely appropriate to withdraw the negotiated agreement from the last
City Council agenda when there was some doubt raised that Lot One was even open on
Sundays. Since they were agreeing to serve their suspension on Sundays, it would not
have meant much if they were already planning to be closed.
Second, a recommendation will be brought to the City Council in the future on a policy
related to how suspensions should be served.
I respectfully recommend Mayor and City Council approval of the Lot One suspension
agreement.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark M. Dalsing, Chief of Police
Michael C. Van Milligen
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ.
ASSISTANT CITY ATTORNEY
To:
City Manager
DATE: September 29, 2010
RE: Lot One Alcohol Suspension — 2 "d Offense
Michael C. Van Milligen
MEMORANDUM
Lot One came before the City Council on May 3, 2010 for a liquor license suspension
hearing. Lot One requested to be heard by the City Council as the offense in question
was a second violation of the restriction for selling to minors. Upon a finding that a
second offense has occurred, a licensee must pay a $1,500 civil penalty and serve a
thirty (30) day suspension of the liquor license.
At the conclusion of the May 3, 2010 hearing, the City Council found that Lot One
violated the statutory prohibition on selling alcohol to minors on December 4, 2008 and
December 11, 2009. Joe Zwack, holder of the liquor license, spoke to the City Council
and indicated that serving a thirty -day consecutive suspension would put Lot One out of
business. The City Council inquired whether a suspension had to be served on
consecutive days and after being advised by the City Attorney's Office that it did not, the
City Council directed the City Attorney's Office to work with Mr. Zwack to put together a
settlement agreement. The goal of the settlement agreement was to allow Lot One to
stay in business while at the same time pay the required fine and serve the thirty -day
suspension.
I first met with Mr. Zwack on June 25, 2010. At this time we discussed the terms
necessary for a settlement agreement which included listing the specific dates on which
the suspension would be served and providing a deadline for payment of the civil
penalty. I also made it clear to Mr. Zwack that the settlement agreement required
approval by the City Council. I made no representation as to whether the City Council
would or would not approve the proposed agreement.
Over the summer I continued to work with Mr. Zwack to put together the proposed
settlement agreement. During our discussions Mr. Zwack indicated that Lot One had
been closing on Sundays since the City Council hearing and desired credit for those
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 589 -4381 / FAX (563) 583 -10401 EMAIL cbrumwel @cityofdubuque.org
Sundays as part of the suspension. I agreed to include that in the proposed settlement
agreement after checking with the Iowa Alcoholic Beverage Division to ensure that Lot
One was licensed to serve alcohol on Sundays. I was able to confirm this licensure with
the state; the Sunday Service allowance is an addition to a traditional liquor license and
requires the payment of additional license fees.
The proposed settlement agreement was sent to the City Council for approval on
September 20, 2010. On September 20, 2010, I was contacted by Assistant Police
Chief Terry Tobin who expressed concerns regarding the proposed settlement
agreement. Assistant Chief Tobin indicated that most of the suspension had allegedly
already been served, and that the majority of the days served were on Sundays, and
the Police Department had no way of confirming that Lot One was usually open on
Sundays and was actually closed on the days proposed in the agreement. As a result
of his concerns, the item was pulled from the City Council Agenda for further review by
the City Manager, the City Attorney's Office, and the Police Department. Lot One was
contacted and asked to provide sales tax receipts showing Sunday sales, but has not
done so to date.
In preparing the proposed settlement agreement with Lot One, I failed to take into
consideration that the Police Department would want to confirm closure of the
establishment. Mr. Zwack may have relied upon my indication that the Sunday closings
would be acceptable. My recommendation, in which City Attorney Barry Lindahl
concurs, is that we recommend the City Council approval the proposed agreement that
negotiated with Lot One.
I will be working with Assistant Chief Tobin and Police Chief Mark Dalsing to put
together a policy for future situations where a settlement agreement may be considered
for resolving liquor license suspensions. The policy will have certain requirements
which must be met to ensure that the business is held accountable and the Police
Department can verify the suspension is being served. This policy will include logistics
items such as arranging for submission of the liquor license to either the City Clerk or
the Police Department as a business cannot sell alcohol without their license on the
premises.
Thank you for your consideration of this matter. Please let me know if you have any
questions.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL cbrumwel @cityofdubuque.org
Masterpiece on the Mississippi
TO: Michael C. Van Milligen
City Manger
FR: Mark M. Da[sing
Chief of Police
RE: Lot One Violations
INTRODUCTION
MEMORANDUM
September 29, 2010
The purpose of this memorandum is to address concerns raised by Joseph Zwack of
Lot One, LLC in a letter to the Mayor and Council dated September 22, 2010.
BACKGROUND
In response to an Acknowledgement /Settlement Agreement between Lot One and the
City of Dubuque being removed from the September 20, 2010 City Council Meeting
agenda, Joseph Zwack, the owner of Lot One, filed a letter to Mayor Buol and the City
Council about his displeasure in the settlement being removed from the agenda. In his
letter Mr. Zwack referred to police actions as "stings," and, "police specialists have sent
in minors to in effect create a crime." He also noted, "There's no question that, if the
police send enough minors to illegally buy a beer at any establishment they'll eventually
catch a new or inexperienced bartender and be able to close it down. The team that
conducts these operations is made up of experts, and they know what they are doing."
The content of the letter suggests that the Dubuque Police Department is using less
than ethical techniques or using trickery in these operations. This memo will address
these allegations.
The Dubuque Police Department conducts alcohol and tobacco compliance checks in
the City throughout the year. Funding for the alcohol checks is supplied by Enforcing
Underage Drinking Laws (EUDL) through Helping Services of Northeast Iowa as the
grant recipient. Tobacco checks are funded by the Iowa Alcoholic Beverages Division,
which regulates tobacco licensing and violations in the state. During the course of the
year, the department has the goal of checking every licensed liquor establishment and
tobacco retailer at least two times. Dubuque has approximately 170 licensed liquor
establishments and approximately 125 licensed tobacco retailers. Compliance checks
are done as often as weekly and approximately 10 establishments can be checked on a
given night, depending if there are violations. Establishments are put on a rotating list to
ensure they are checked the minimum number of times. If complaints are received
about establishments or if they are past violators, they may receive additional checks.
In response to Mr. Zwack's comments on the methodology used during the checks, the
Dubuque Police Department has used a consistent process in doing the checks. When
compliance checks are done, youth compliance workers meet with sworn, plain clothes
officers at the DLEC for briefing. They are photographed as to their appearance on the
given day and their State issued drivers' licenses or identification cards are
photocopied. It should be noted that all youth compliance workers are under the age of
21 so they possess vertical drivers' licenses and identification cards as opposed to
horizontal cards held by people over 21.
When a compliance check is done, an officer enters the establishment, acts as a patron
and situates him /herself at a good observation point. The youth then enters the
establishment and also acts as a patron and orders alcohol or tobacco depending on
what type of check is being done. If asked for identification the worker provides his /her
State issued identification. If asked their age, the workers tell their ages. At no point is
anything other than their State identification card presented and at no point do they
falsify their ages. The sworn police officer witnesses the transaction. If the youth is
served, they leave the establishment with the sealed container of alcohol or tobacco
and immediately turn it over to another sworn officer. If an opened alcoholic beverage is
served to the youth, they do not consume it and simply leave it in the establishment and
meet with the outside officer. If a violation occurs, the outside officer is given the name
or description of who sold the alcohol /tobacco and the officer cites the person and
establishment.
The two violations noted at Lot One were on December 4, 2008 and December 11,
2009. In the 2008 violation, the 15 year old youth worker entered the bar at 6:15 p.m.,
upon request presented his official State I.D. showing him to be 15 years old, and was
served a bottle of beer. In the 2009 case, an 18 year old compliance monitor entered
the bar at 8:20 p.m. and purchased two bottles of beer without being asked for proof of
age.
In response to Mr. Zwack's comment, "There's no question that, if the police send
enough minors to illegally buy a beer at any establishment they'll eventually catch a new
or inexperienced bartender and be able to close it down," compliance checks were done
at Lot One a total of five times between FY09 and FY10 and alcohol sales were made
on two occasions, including the very first compliance check at the establishment on
December 4, 2008.
CONCLUSION & RECOMMENDATION
The Dubuque Police Department has actively done alcohol compliance checks since
2008 under our current program, and tobacco compliance checks since 1997. When we
started doing the checks we found that more than 30% of retailers would sell tobacco to
underage youth and more than 25% of license liquor establishments would sell alcohol
to underage youths. Through compliance checks and an educational and training
campaign, we have reduced these numbers. The FY 2010 review of the programs
showed that the overall Dubuque alcohol compliance rate was 93.9 %, and the tobacco
compliance rate was at 97.4 %. The increased compliance to state alcohol and tobacco
laws is a tribute to programs such as our compliance checks.
ACTION REQUESTED
This is an informational memo only. No further action is requested
Masterpiece on the Mississippi
TO: Michael C. Van Milligen
City Manger
FR: Mark M. Dalsit gl�'�
Chief of Police
RE: Lot One Violations
INTRODUCTION
The purpose of this memorandum is to address concerns raised by Joseph Zwack of
Lot One, LLC in a letter to the Mayor and Council dated September 22, 2010.
BACKGROUND
MEMORANDUM
September 29, 2010
In response to an Acknowledgement /Settlement Agreement between Lot One and the
City of Dubuque being removed from the September 20, 2010 City Council Meeting
agenda, Joseph Zwack, the owner of Lot One, filed a letter to Mayor Buol and the City
Council about his displeasure in the settlement being removed from the agenda. In his
letter Mr. Zwack referred to police actions as "stings," and, "police specialists have sent
in minors to in effect create a crime." He also noted, "There's no question that, if the
police send enough minors to illegally buy a beer at any establishment they'll eventually
catch a new or inexperienced bartender and be able to close it down. The team that
conducts these operations is made up of experts, and they know what they are doing."
The content of the letter suggests that the Dubuque Police Department is using less
than ethical techniques or using trickery in these operations. This memo will address
these allegations.
The Dubuque Police Department conducts alcohol and tobacco compliance checks in
the City throughout the year. Funding for the alcohol checks is supplied by Enforcing
Underage Drinking Laws (EUDL) through Helping Services of Northeast Iowa as the
grant recipient. Tobacco checks are funded by the Iowa Alcoholic Beverages Division,
which regulates tobacco licensing and violations in the state. During the course of the
year, the department has the goal of checking every licensed liquor establishment and
tobacco retailer at least two times. Dubuque has approximately 170 licensed liquor
establishments and approximately 125 licensed tobacco retailers. Compliance checks
are done as often as weekly and approximately 10 establishments can be checked on a
given night, depending if there are violations. Establishments are put on a rotating list to
September 22, 2010
Mayor Buol and Dubuque City Council
50 West 13th Street
Dubuque, IA 52001
Re Lot One, LLC Settlement Agreement with City
Dear Mayor Buol and Council Members:
I am remitting a copy of this letter to City Manager Michael Van Milligan,
Corporation Counsel Barry Lindahl, and Asst. City Attorney Crenna M.
Bramwell.
As you may recall, our establishment (Lot One) was caught in a second
"sting" operation for serving a minor person, and I appeared at a City
Council meeting this spring regarding the matter. (Over a period of about 7
years we had no calls for fights, drunkenness, etc. prior to receiving this
second charge. Lot One simply doesn't cater to a clientele who would
normally be involved in such activities.)
At the Council meeting several of you had asked if the 30 days Lot One
would be required to be closed had to be served consecutively. You were
advised by Asst. City Attorney Bramwell that the law did not require that
they be served consecutively. At that point several of you had recommended
that an arrangement be worked out whereby Lot One be allowed to be
closed on non - consecutive days, such as on Mondays or Sundays, etc. Asst.
City Attorney Bramwell was requested to work out a non - consecutive
closing day deal with us. City Corporation Counsel Barry Lindahl was
present at this meeting. Also, the "witness" police officer was present at the
Council meeting and was fully aware of the recommendations of the City
Council regarding such an agreement being worked out.
Pursuant to the your suggestions, Ms. Bramwell and I met on three separate
occasions to work out our closing schedule. She and I reached full
agreement. We have also talked by telephone and I have received written
communications from her regarding the days served or to be served.
Lot One does have a Sunday license (It costs an extra $500.00), and
summertime Sundays are big business for us. We sometimes closed on
certain Sundays this past the winter, especially immediately after the
Holidays, but during the first 6 years of our existence we were open every
single Sunday during summer.
After we reached our agreement regarding Sunday closings we did in fact
begin closing in May. We did ask Ms. Brumwell if we could be open on the
Memorial Day Sunday and the Fourth of July Sunday weekend. We offered
to be closed those following Mondays instead. She agreed. At our second
personal meeting, which was late this summer, Ms. Brumwell said that she
thought the police would like to have some days served consecutively.
Although we had previously worked out the Sunday deal, I nonetheless
agreed, and thus closed on both Sundays and Mondays the last two weeks in
August, and then 5 days running the first week in September.
At present we have just 3 days left in order to reach the required 30 day
suspension. On Monday of this week the Settlement Agreement that we had
worked out with the City pursuant to your recommendations was to be
presented to you at the Council meeting for final approval. I had signed the
Settlement Agreement prepared by the City Attorney's office in Ms.
Brumwell's presence, and it fully reflected what Lot One and the City had
agreed to and what we had been operating under.
Now, though, with only 3 days left for Lot One to "serve ", we have been
told that someone in the police department is not satisfied with the
Settlement Agreement worked out between Lot One and the City Attorney's
office.
I believe that someone in the police department is now taking the position
that Lot One might have been closed anyway on some Sundays, and we
were thus getting off too easy. (One of our bartenders told an unidentified
plainclothes officer that we're closed on Sundays this summer [Our
bartenders, understandably, don't make a practice of volunteering to our
customers that we're serving out a suspension of license on Sundays.}. After
the plainclothes officer showed his badge to the bartender the bartender told
the officer that in fact Lot One had been closed on Sundays because of the
suspension.) I would note that this is the first summer we've ever been
closed on Sundays since we began the business, and we were closed ONLY
because of our agreement with the city.
When I was told that the police were going to yank the Settlement
Agreement off the City Council's agenda this past Monday I telephoned the
police department. I was told by the officer that they had no way of knowing
for sure that Lot One had been closed on the Sundays in question. I replied
that we definitely had been closed and said that if he thought otherwise he
was in effect calling me a liar. He didn't respond. This is very disturbing for
an honest citizen who's trying to do what's right and to abide by the
Agreement entered into with the City at tremendous expense to us.
Lot One's position is this:
1. We have an almost spotless record at Lot One, except for the two
times the police specialists have sent in minors to in effect create a crime.
We don't have all - you -can- drink -type or similar specials, and we cater to
customers with a somewhat older age demographic. We didn't catch the two
minors the police sent into our establishment, and that's our fault legally and
we admitted it.
2. At the City Council meeting in which our license revocation was
discussed you City Council members specifically asked if a non-
consecutive -day arrangement could be worked out for Lot One. You were
given the legal opinion that, yes, such an agreement was possible and legal.
3. You City Council members made the specific recommendation that
the City Attorney's office work out an Agreement for non - consecutive days
for serving out Lot One's suspension. The police department representative
was present, heard such recommendation, and made no objection to your
recommendation.
4. After such recommendation by the City Council, Lot One (through
me) was in telephone, personal, and written contact with the City's agent,
Assistant City Attorney Brumwell, and we worked out a Settlement
Agreement.
5. Lot One has fully complied with the Settlement Agreement worked
out by the parties, relying on the authority of the City's legal department to
legally bind the City.
6. As a result of being closed on Sundays this past summer Lot One lost
tens of thousands of dollars in business. During the summer, we normally
have the additional Sunday tourist, boater, bicycle and motorcycle business.
We missed all that this summer, knowing we had an agreement with the
City. We even missed out on our August NFL pre - season Football Sundays.
(Football is a big deal for Lot One, and we even carry the Hawkeye football
games as Dubuque's only "Live Remote" for Hawkeye Football.) Now,
though, we've seen all our Sunday Football Fans go to our competitors, and
they may well not be back.
7. We have no connection with the police department and certainly don't
know what their procedures are. We don't know if they have a practice of
second - guessing Settlement Agreements made between citizens and the City
Attorneys. We fully believed that the City Attorney was an agent for, and
could bind, the city, and we based our actions on the Settlement Agreement
worked out. We served 27 days of our required 30 days suspension, at great
financial cost to us. We shall remain closed this coming Sunday in
accordance with the provisions of our Settlement Agreement.
8. We're faced with an uphill battle trying to stay open in downtown
Dubuque. We pay high taxes. We constantly fight the stigma of the parking
meters and parking tickets that our customers must pay. We've poured over
$1,500,000 into Lot One, and we're one of the few companies in the area
that has not received even one penny of city, state or other government
money on lower Main. There's no question that, if the police send enough
minors to illegally buy a beer at any establishment they'll eventually catch a
new or inexperienced bartender and be able to close it down. The team that
conducts these operations is made up of experts, and they know what
they're doing. We at Lot One DAILY discuss the practices of the Dubuque
team that carries out these sting operations -- -until we're blue in the face. We
point out that the next time the police team that does the stings succeeds
we'll be out of business permanently and our 19 employees will be out of
work. In fact one of our good bartenders said that we were putting too much
pressure on him, and he quit (He had never been caught selling to a minor.)
9. In this case we strongly feel that Asst. City Attorney Crenna M.
Brumwell was doing the job that you suggested that she do. Both she and I
acted in good faith pursuant to the specific recommendations you made at
the City Council meeting in which this matter was discussed. We have no
complaint against her, as we definitely believe that she thought she was
carrying out your suggestions, and doing what was right for the City and Lot
One under the circumstances. She has acted professionally in working out
the Settlement Agreement, and to allow someone in another department
(here, the police department) to void the Settlement Agreement at this point
would not only be unjust but actionably contrary to law. We at Lot One (a)
acted in reliance, and (b) to our substantial financial detriment, (c) upon an
Agreement worked out with the City's agent, (d) who was in fact
performing her duties under the specific directions that were made at an
official Council meeting by /of her "bosses ".
10. We're attaching for your examination as Exhibit "A" to this letter the
Settlement Agreement prepared by the City Attorney's office and signed by
me, and under which we have been operating for the past four months. The
Settlement Agreement sets forth the agreed -upon suspension dates served by
Lot One, and specifically states:
It couldn't be clearer.
Thank you.
"Lot One and the City Council have agreed to the
following conditions in settlement of the second offense
alcohol violation."
We respectfully ask that you reset this ALCOHOL COMPLIANCE
SE1 AGREEMENT ASSESSING PENALTIES for approval on
your agenda.
By 1, 11 r �
Joseph i '' wa --4
cc: Dubuque City Manager Michael Van Milligan
Dubuque City Corporation Counsel Barry Lindahl
Dubuque Asst. City Attorney Crenna Brumwell
In RE:
ALCOHOL COMPLIANCE
SETTLEMENT AGREEMENT ASSESSING PENALTIES
Lot One
100 Main Street
Dubuque, IA 52001
Violation Date
December 4, 2008
December 11, 2009
Violation Type
Alcohol Violation
Alcohol Violation
Joe Zwack
Lot One
100 Main Street
Dubuque, IA 52001
On this day of September, 2010, Lot One and the City of Dubuque City
Council agree as follows:
Liquor License Violation Penalties
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.
• 2nd 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:
Violation Number
1 Violation
2 "d Violation
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 tirne Lot One has one alcohol violation pending. Under the foregoing Iowa Code
provisions, Lot One is subject to the following:
1) A thirty (30) day suspension of the liquor license; AND,
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:
May 9, 2010
May 16, 2010
May 23, 2010
May 30, 2010
June 6, 2010
June 13, 2010
June 20, 2010
June 27, 2010
b. 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
c. The remainder of the thirty (30) day suspension shall be served as
follows:
September 26, 2010
October 3, 2010
October 10, 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
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