Alcohol Compliance_Civil Penalty for Alcohol License 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: December 16, 2010
Chief of Police Mark Dalsing is recommending acceptance and approval of the
Acknowledgement /Settlement Agreements for a first offense alcohol compliance
violation for Creslanes Bowling Inc., 255 South Main Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:lw
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark Dalsing, Chief of Police
Michael C. Van Milligen
Dubuque
Al-America City
2007
THE CITY OF
DUB
Masterpiece on the Mississippi
DATE: December 15, 2010
TO: Michael C. Van Milligen
City Manager
FROM: Mark Dalsing/ V
Chief of Police /
E MEMORANDUM
RE: 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 Creslanes Bowling Inc., 255 South Main
Street, 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:
Offense'
Violation Date "
" `' ", '
'lidditita =
Ein iloyee
Violation
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 and 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 allow 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 holder has received notification by certified mail of an alcohol
compliance violation for selling alcohol to an underage person. As a result, Creslanes
Bowling, Inc., 255 South Main Street, submitted payment and the
Acknowledgement /Settlement Agreement acknowledging a first offense alcohol compliance
violation.
1 St
August 31, 2010
Creslanes Bowling
255 South Main
1 Robert Beyer
1
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement /
Settlement Agreements for a first offense alcohol compliance violation for Creslanes
Bowling, Inc., 255 South Main Street.
ACTION REQUESTED:
City Council consideration to accept and approve the attached Acknowledgement /
Settlement Agreements for a first offense alcohol compliance violation for Creslanes
Bowling, Inc., 255 South Main Street.
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
BEFORE THE CITY OF DUBUQUE CITY COUNCIL
ORDER ACCEPTING
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Alcohol Compliance — 1 Violation
RE: Creslanes Bowling & Pro Shop :
255 South Main Street
Dubuque, IA 52001
Creslanes Bowling Inc.
255 South Main Street
Dubuque, IA 52001
On this 20th day of December, 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 Creslanes Bowling 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).
Attest:
THEREFORE, it is ordered that the judgment in this matter is hereby satisfied.
PASSED AND APPROVED this 20th day of December, 2010.
i .,/
eanne Schneider, City Clerk
eanne Schneider, City Clerk
Roy D. jol, Mayor