Clark of Dubuque_HIBA Petroleum Settlement Agreement for Alchohol OffenseMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Clark of Dubuque /HIBA Petroleum, Inc. Settlement
DATE: January 12, 2011
Dubuque
NI- AmedcaCAy
11111,
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2007
Chief of Police Mark Dalsing is requesting approval of the Settlement Agreement
Assessing Penalties and the Order Accepting Acknowledgement /Settle Agreement
between the City of Dubuque and Clark of Dubuque /HIBA Petroleum, Inc.
City Council has directed that staff work with license and permit holders to serve
suspension in a flexible way. Assistant City Attorney Brumwell has negotiated a
settlement with the company. It has been reviewed and approved by the police
department. Under this settlement, Clark of Dubuque /HIBA Petroleum Inc. will pay a
one thousand five hundred dollar ($1500) penalty as well as serve a 30 day staggered
suspension.
Besides the fine and suspension, Clark of Dubuque /HIBA Petroleum Inc. has also
agreed to take corrective actions to prevent additional violations including employee
Training for Intervention Procedures (TIPS) training, and purchase and use an I.D.
scanner. It is hoped that the penalties and other corrective actions will prevent future
sales to minors.
concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:Iw
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark Dalsing, Chief of Police
a
Michael C. Van Milligen
THE CITY OF
DUB UE MEMORANDUM
Masterpiece on the Mississippi
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing )
Chief of Police �� ��
BACKGROUND
CONCLUSION & RECOMMENDATION
January 10, 2011
RE: Clark of Dubuque /HIBA Petroleum Inc. Settlement
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Clark of Dubuque /HIBA Petroleum Inc.
Clark of Dubuque /HIBA Petroleum Inc. has a liquor license for its establishment located
at 700 Rhomberg Avenue. On January 22, 2009 and May 14, 2010 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. It has been reviewed and approved by the police
department. Under this settlement, Clark of Dubuque /HIBA Petroleum Inc. will pay a
one thousand five hundred dollar ($1,500) penalty as well as serve a 30 day staggered
suspension.
Besides the fine and suspension, Clark of Dubuque /HIBA Petroleum Inc. has also
agreed to take corrective actions to prevent additional violations including employee
Training for Intervention Procedures (TIPS) training, and the purchase and use an I.D.
scanner. It is hoped that the penalties and other corrective actions will prevent future
sales to minors. City staff has negotiated the attached settlement as per Council
direction.
ACTION REQUESTED
Council approval and Mayor Buol signature of the attached Settlement Agreement
Assessing Penalties and the Order Accepting Acknowledgment/Settlement Agreement.
ALCOHOL AND TOBACCO COMPLIANCE
SETTLEMENT AGREEMENT ASSESSING PENALTIES
In RE: Clark of Dubuque
700 Rhomberg Avenue
Dubuque, IA 52001
HIBA Petroleum Inc.
470 Sunnybrook Lane
Wheaton, I L 60187
On this /? day of January, 2011, HIBA Petroleum 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.
Tobacco Permit Violation Penalties
The civil penalties for tobacco permit violations, pursuant to Iowa Code §453A.22,
include:
• 1 Violation: Civil penalty in the amount of three hundred dollars ($300.00).
• 2 Violation within two (2) years: A thirty (30) day suspension OR a civil penalty
in the amount of one thousand five hundred dollars ($1,500.00).
• 3 Violation within three (3) years: A thirty (30) day suspension AND a civil
penalty in the amount of one thousand five hundred dollars ($1,500.00).
• 4 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).
• 5 Violation within four (4) years: Revocation of the permit.
HIBA Petroleum Inc.
HIBA Petroleum Inc. has a liquor license and a tobacco permit for 700 Rhomberg
Avenue.
Violations of the liquor license occurred as follows:
Violation Date
January 22, 2009
May 14, 2010
Violations of the tobacco permit occurred as follows:
Violation Date
January 22, 2009
May 14, 2010
Violation Type
Alcohol Violation
Alcohol Violation
Violation Type
Tobacco Violation
Tobacco Violation
January 4 -12, 2011 Nine (9) days
January 16 -19, 2011 Four (4) days
January 23 -26, 2011 Four (4) days
January 30- February 2, 2011 Four (4) days
February 6 -9, 2011 Four (4) days
February 13 -16, 2011 Four (4) days)
February 20, 2011 One (1) day)
Total: Thirty (30) days
Violation Number
1 Violation
2 Violation
Violation Number
1 Violation
2nd Violation
The alcohol violation from January 22, 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. The tobacco violation from January 22, 2009 was
processed as a first offense violation under Iowa Code §453A.22, selling, giving, or
otherwise supplying any tobacco, tobacco products, or cigarettes to any person under
eighteen (18) years of age.
HIBA Petroleum Inc. has paid the one thousand five hundred dollar ($1,500.00) penalty
for both the May 14, 2010 alcohol violation (Second Offense) and the May 14, 2010
tobacco violation (Second Offense).
At this time HIBA Petroleum Inc. has one (1) alcohol violation pending. Under the
foregoing Iowa Code provisions, HIBA Petroleum Inc. is subject to a thirty (30) day
suspension of the liquor license.
HIBA Petroleum Inc. and the City Council have agreed to the following conditions in
settlement of the second offense alcohol violation. HIBA Petroleum Inc. agrees to and
shall:
1) Serve a thirty (30) day suspension of its liquor license as approved by the
City of Dubuque Police Department on the following dates:
THEREFORE, the City of Dubuque City Council hereby orders that the
suspension of the liquor license be served as outlined. Failure to comply shall be
considered as part of any future renewal of the liquor license by HIBA Petroleum Inc.
PASSED AND APPROVED this/ day of January, 2011.
Attest:
2) Provide Training for Intervention Procedures (TIPS) to all employees by
April 1, 2011 to prevent intoxication, underage drinking, and drunk driving by
enhancing the fundamental "people skills" of servers, sellers, and consumers of
alcohol. A copy of the certificates of completion shall be provided to the
Dubuque Police Department.
3) Purchase and use identification scanners for transactions involving the
alcohol and tobacco products.
anne Schneider, CMC, City Clerk
HIBA Petroleum Inc.
By:
Cu Faroo 1-3
Roy D. uol, Mayor
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Attest:
BEFORE THE CITY OF DUBUQUE CITY COUNCIL
RE: Clark of Dubuque
700 Rhomberg Avenue
Dubuque, IA 52001
eanne Schneider, City Clerk
ORDER ACCEPTING
SETTLEMENT AGREEMENT
Alcohol Compliance — 2 Violation
HIBA Petroleum Inc.
470 Sunnybrook Lane
Wheaton, IL 60187
On this `day of January, 2011, in lieu of a public hearing on the above
captioned matter, the City of Dubuque City Council approves the attached Settlement
Agreement between HIBA Petroleum 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).
THEREFORE, it is ordered that the judgment in this matter is hereby satisfied.
PASSED AND APPROVED this / iki day of January, 2011.
tO
Roy D. Bu , Mayor