Bowling and Beyond Alcohol Compliance Settlement AgreementMasterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Bowling & Beyond Settlement
December 15, 2010
Chief of Police Mark Dalsing is recommending approval of the Alcohol
Settlement Agreement Assessing Penalties with Bowing & Beyond.
I concur with the recommendation and respectfully request Mayor and
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark M. Dalsing, Chief of Police
c ael C. Van
Milligen
gen
Dubuque
All- Amedcacity
1
2007
Compliance
City Council
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dsing
Chief of Police
BACKGROUND
ACTION REQUESTED
CONCLUSION & RECOMMENDATION
December 13, 2010
RE: Bowling & Beyond Settlement
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Bowling & Beyond Dubuque, Inc.
Bowling & Beyond Dubuque, Inc. has a liquor license for its establishment located at
1860 Hawthorne St. On April 24, 2009 and September 25, 2009 the Dubuque Police
Department did alcohol compliance checks at the business and employees sold alcohol
to underage youth compliance monitors.
City Council has directed that staff work with license and permit holders to serve
suspensions in a flexible way. Assistant City Attorney Brumwell has negotiated a
settlement with the company and its legal representatives. It has been reviewed and
approved by the police department. Under this settlement, Bowling & Beyond Dubuque,
Inc. will pay a one thousand five hundred dollar ($1,500) penalty as well as serve a 30
day staggered suspension.
Bowling & Beyond Dubuque, Inc. has taken corrective actions to prevent additional
violations including employee Training for Intervention Procedures (TIPS) training,
purchased an I.D. scanner, and has passed four compliance checks since the last
violation. City staff has negotiated the attached settlement as per Council direction.
Council approval and Mayor Buol signature of the attached Settlement Agreement
Assessing Penalties and the Order Accepting Acknowledgment/Settlement Agreement.
RE: Bowling & Beyond Dubuque, Inc. : Bowling & Beyond Dubuque, Inc.
1860 Hawthorne Street : 1860 Hawthorne Street
Dubuque, IA 52001 : Dubuque, IA 52001
On this 2 othday of December , 20 10 , in lieu of a public hearing on
the above captioned matter, the City of Dubuque City Council approves the attached
Acknowledgment/Settlement Agreement between Bowling & Beyond Dubuque, 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 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).
Attest:
BEFORE THE CITY OF DUBUQUE CITY COUNCIL
ORDER ACCEPTING
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Alcohol Compliance — 2 Violation
THEREFORE, it is ordered that the judgment in this matter is hereby satisfied.
PASSED AND APPROVED this 2oth day of December
eanne Schneider, City Clerk
0 10
Roy D. B , ayor
ALCOHOL COMPLIANCE
SETTLEMENT AGREEMENT ASSESSING PENALTIES
In RE: Bowling & Beyond Dubuque, Inc. : Bowling & Beyond Dubuque, Inc.
1860 Hawthorne Street : 1860 Hawthorne Street
Dubuque, IA 52001 : Dubuque, IA 52001
On thisay of December, 2010, Bowling & Beyond Dubuque, Inc. 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.
Bowling & Beyond Dubuque, Inc.
Bowling & Beyond Dubuque, Inc. has a liquor license for 1860 Hawthorne Street.
Violations of the liquor license occurred as follows:
Violation Date
April 24, 2009
September 25, 2009
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1 Violation
2nd Violation
The alcohol violation from April 24, 2009 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 Bowling & Beyond Dubuque, Inc. has one (1) alcohol violation pending.
Under the foregoing Iowa Code provisions, Bowling & Beyond Dubuque, Inc. 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).
Bowling & Beyond Dubuque, Inc. has taken the second liquor license violation very
seriously. Since the violation, employees have received Training for Intervention
Procedures (TIPS) to prevent intoxication, underage drinking, and drunk driving by
enhancing the fundamental "people skills" of servers, sellers, and consumers of alcohol.
Additionally, Bowling & Beyond Dubuque, Inc. has purchased an identification scanner
and passed four (4) subsequent alcohol compliance checks.
In Tight of the foregoing, Bowling & Beyond Dubuque, Inc. and the City Council have
agreed to the following conditions in settlement of the second offense alcohol violation.
Bowling & Beyond Dubuque, Inc. agrees to and shall:
1) Pay a one thousand five hundred dollar ($1,500.00) penalty for the
September 25, 2009 alcohol violation (Second Offense); and,
2) Serve a thirty (30) day suspension of its liquor license as approved by the
City of Dubuque Police Department on the following dates:
December 5 -8, 2010 Four (4) days
December 12 -15, 2010 Four (4) days
December 19 -22, 2010 Four (4) days
January 9 -12, 2011 Four (4) days
January 16 -19, 2011 Four (4) days
January 23 -26, 2011 Four (4) days
January 30- February 1, 2011 Three (3) days
April 21 -23, 2011 Three (3) days
Total: Thirty (30) days
THEREFORE, the City of Dubuque City Council hereby orders that the foregoing
civil penalties be remitted by Bowling & Beyond Dubuque, Inc. to the City of Dubuque
on or before January 31, 2011 and suspension of the liquor license be served as
outlined. Failure to pay the civil penalty by such date shall be considered as part of any
future renewal of the liquor license by Bowling & Beyond Dubuque, Inc.
PASSED AND APPROVED this2&" day of December, 2010.
�.O
Roy D /./Buol, Mayor
Attest:
eanne Schneider, CMC, City Clerk
Bowling & Beyond Dubuque, Inc.
By:
Michae K. Schmidt, President