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Alcohol Compliance_Civil Penalty for Alcohol License HolderMasterpiece 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: April 12, 2011 Acting Chief of Police Terry Tobin is recommending the City Council accept the Acknowledgement /Settlement Agreement for Cookin' Something Up, 1640 John F. Kennedy Road, for their first offense alcohol compliance violation. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Terry Tobin, Acting Chief of Police Micfiael C. Van Milligen Dubuque kratil AU-America City I I 2007 THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi DATE: April 12, 2011 TO: Michael C. Van Milligen City Manager FROM: Terry Tobin Acting Chief of Police 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 Cookin' Something Up,1640 John F. Kennedy Road, 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: 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, Cookin' Something Up, 1640 John F. Kennedy Road, is serving a fourteen (14) day suspension of its liquor license, and submitted the Acknowledgement/Settlement Agreement acknowledging a first offense alcohol compliance violation. Offense I Violation Violation Date Business i Address i Employee i 1st August 24, 2010 Cookin'Something Up 1640 John F. Kennedy Rd. Stephanie Gorius RECOMMENDATION: It is recommended the City Council accept and approve the attached Acknowledgement / Settlement Agreements for a first offense alcohol compliance violation for Cookin' Something Up, 1640 John F. Kennedy Road. Option #1 Option #2 Option #3 Fine /Suspension Fine /Suspension Fine /Suspension Fine /Suspension 1st Violation $500 or 14 days None None None 2nd Violation $1,500 and 30 days $5,000, 30 -day suspension (with 16 days suspended), and probation period $15,000, 60 -day suspension (with 30 days suspended) conditions, and probation period None $7,500, 30 -day suspension (with 23 days suspended), conditions, and probation period None None $15,000, 30 -day suspension (with 30 days suspended), conditions, and probation period None None 3rd Violation $1,500 and 60 days 4th Violation 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, Cookin' Something Up, 1640 John F. Kennedy Road, is serving a fourteen (14) day suspension of its liquor license, and submitted the Acknowledgement/Settlement Agreement acknowledging a first offense alcohol compliance violation. Offense I Violation Violation Date Business i Address i Employee i 1st August 24, 2010 Cookin'Something Up 1640 John F. Kennedy Rd. Stephanie Gorius RECOMMENDATION: It is recommended the City Council accept and approve the attached Acknowledgement / Settlement Agreements for a first offense alcohol compliance violation for Cookin' Something Up, 1640 John F. Kennedy Road. ACTION REQUESTED: City Council consideration to accept and approve the attached Acknowledgement / Settlement Agreements for a first offense alcohol compliance violation for Cookin' Something Up, 1640 John F. Kennedy Road. cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk ALCOHOL COMPLIANCE SETTLEMENT AGREEMENT ASSESSING PENALTY In RE: Cookin' Something Up Doris Gorius 1640 John F. Kennedy Road : 1902 Spyglass Drive Dubuque, IA 52002 Dubuque, IA 52002 On this 18th day of April, 2011, Cookin' Something Up 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: A fourteen (14) day suspension OR a 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). • 3rd Violation within two (2) 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 two (2) years: Revocation of the license or permit. Cookin' Something Up Cookin' Something Up has a liquor license for 1640 John F. Kennedy Road. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number August 24, 2010 Alcohol Violation 1 Violation The alcohol violation from August 24, 2010 is 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, Cookin' Something Up has one (1) alcohol violation pending. Under the foregoing Iowa Code provisions, Cookin' Something Up is subject to the following: 1) A fourteen (14) day suspension of the liquor license; OR, 2) A civil penalty in the amount of five hundred dollars ($500.00). Cookin' Something Up admits the violation. Cookin' Something Up and the City Council have agreed to the following condition in settlement of the first offense alcohol violation. Cookin' Something Up agrees to: 1) Serve a fourteen (14) day suspension of its liquor license. a. Cookin' Something Up is given credit for Sundays which the business has closed: February 13, 2011 February 20, 2011 February 27, 2011 March 6, 2011 March 20, 2011 March 27, 2011 April 3, 2011 April 10, 2011 April 16 -18, 2011 b. The remainder of the fourteen (14) day suspension will be served as follows: May 1,2011 May 8, 2011 May 15, 2011 THEREFORE, the City of Dubuque City Council hereby orders that the foregoing suspension of the liquor license be served as outlined. PASSED AND APPROVED this day of April, 2011. Attest: Jeanne Schneider, CMC, City Clerk Cookin' Something Up By: Doris Gorius Roy D(/Buol, Mayor By: Thomas Goodman ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Alcohol Compliance —1s Violation RE: Cookin' Something Up 1640 John F. Kennedy Road Dubuque, IA 52002 Doris Gorius 1802-Spyglese-Drive s.--5-c Dubuque, IA 52002 ; -) C, }'; J U , on behalf of Cookin' Something Up, hereby knowingly and voluntarily acknowledge that: a) Cookin' Something Up received the Notice of Hearing and the Complaint regarding the above referenced case. b) Cookin' Something Up admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Cookin' Something Up waives a public hearing and submits to the statutory penalties prescribed by Iowa law. d) Cookin' Something Up understands that this penalty will count as an official "First Violation — Alcohol Compliance" of Iowa Code §123.49, Subsection 2, Paragraph "h ", pursuant to Iowa Code §123.50, Subsection 3, Paragraph "a ". e) Cookin' Something Up understands that the penalty for this First Violation is a five hundred dollar ($500.00) fine or a fourteen (14) day suspension of Cookin' Something Up's liquor license, of which suspension will begin on the date specified in the official City of Dubuque Order that Cookin' Something Up will receive. In accordance with Iowa Code §123.50, Subsection 3, Paragraph "a ", Cookin' Something Up chooses one of the following penalties: o Five hundred dollar ($500.00) fine Fourteen (14) day liquor license suspension C Name — Please Print Name — Please Print Signature Signature tc'e'1 Da* Date DUBUQUE POLICE DEPARTMENT LICENSED ESTABLISHMENT INSPECTION PAGr6F 2 ( CASE NO. DATE OF INSPECTION TIME OF INSPECTION ESTABLISHMENT - BUSINESS NAME • GO aj ) .Sr1i✓16 / ni / l�0 PHONE NUMBER Jfi�3 �� ?7ca i ESTABLISHMENT - BU S ADDRESS (Inspection Locatio / LICENSEE - OWNER C .r'7Ye j � S PHONE NUMBER -- CL5 o LICENSEE (f OW E R . . . �a or tewt /e Z./ C7 /-�r. r�'t UE LICENSES NUMBER EXP DATE III BEER LIQUOR IQUOR/BEER `j o - NUMBER EXP DATE TOBACCO III OTHER m / pp NUMBER / n r /� SPECIFY (7 S5 C gt'z /� Jl /l)E �(./ O0 7,3 A 7 EXP DATE /� ^� ) '�/KE'0�E (n .G / PURPOSE FOR INSPECTION EMPLOYEE INFORMATION ROUTINE- ANNUAL . FIRE CODE INFORMATION EXIT SIGNS VISIBLE EXITS OBSTRUCTED WITHIN OCCUPANCY SMOKE FREE " NO SMOKING" SIGNS ASHTRAYS PRESENT PERSONS SMOKING YES NO ❑ ❑ BARTENDER NAME . CLERK .5 /E �� /t rt I v i ( DISTURBANCE . REPT of UNDERAGE . , ADDRESS _29 Cn / - cpnl ( . J DOB fi ‘1,6 REPT of DRUGS . ALCOHOL COMPLIANCE ❑ LOAD .® AIR ACT INFO VISIBLE ❑ ❑ ❑ - n 0 ❑ BARTENDER NAME 777 . CLERK TOBACCO COMPLIANCE . SMOKE FREE AIR ACT I ADDRESS pOB - FULL INSPECTION . ASSIST OTHER AGENCY . - g n '1�J . PRESENT MANAGER/OWNER NAME n NOTIFIED OTHER (Specify In Narr) II PERSONS ARRESTED - CHARGED (Additional on Reverse)) ARRESTEE NAME ll � � Cc" is j / f C '>c i I i .c D DO OB �j p �(O // • 2 C 1 e 0 v /� "� / d� O NO C ? p/,r<- ' f ,,A E (- L r k ( L A.?REST NAME DOB CHARGE(S) ARRESTEE NAME DOB CHARGE(S) VIOLATIONS OBSERVED or CHARGED, INCLUDING MUNICIPLE INFRACTIONS (Check All That Apply Details in Narritive) INDIVIDUALS (18 -20 YRS OLD) - DBQ 5 -7.2A (UNDER 18) - DBQ 5 -7.2A ALCOHOL - IA 123.49(3) - IA 321.2168 - IA 321.216C - IA 453A.2(A) OFFENSE - IA 453A.2(C) - IA453A.2(D) BUSINESS . SERVING INTOXICATED PERSON - IA 123.49(1) 54 EMPLOYEE PRO ,IDING ALCOHOL TO UNDERAGE PERSON - IA 123.49(2H)(A) ❑ OWNER PROVIDING ALCOHOL TO UNDERAGE PERSON - IA 123.49(2H)(B) . PROVIDING TOBACCO TO UNDERAGE PERSON 1ST OFFENSE - IA 453A.2 . PROVIDING TOBACCO TO UNDERAGE PERSON 2ND OFFENSE - IA 453A.2(A) . PROVIDING TOBACCO TO UNDERAGE PERSON 3RD OFFENSE - IA 453A.2(B) . LIQUOR IN CONTAINER OTHER THAN ORIGINAL - IA 123.49(2)D ❑ PUBLIC INTOXICATION - IA 123.55 . DISORDERLY CONDUCT - IA 723.4 . INTERFERENCE WITH OFFICIAL ACTS - IA 719.1 . PERMITTING PERSON UNDER 21 IN BAR AFTER 2100 HRS - DBQ 5 -7.2C . VIOLATION OF BUFFET DRINKING ORDINANCE - DBQ 5 -9 ❑ VIOLATION OF SMOKE FREE AIR ACT - IA 1420.9 n I OTHER (SPECIFY) . PUBLIC INTOXICATION - IA 123.46 . PERSONS UNDER 21 IN BAR AFTER 2100 HRS . PERSONS UNDER 21 IN BAR AFTER 2100 HRS . POSSESSION ALCOHOL UNDERAGE - IA 123.47 . MISREPRESENTATION OF AGE TO PURCHASE . UNLAWFUL USE OF DL OR ID TO PURCHASE ALCOHOL . UNLAWFUL USE OF DL OR ID TO PURCHASE TOBACCO . DISORDERLY CONDUCT - IA 723.4 . SMOKING IN PROHIBITED AREA - IA 142D.9 . POSSESSION TOBACCO UNDERAGE - FIRST OFFENSE . POSSESSION TOBACCO UNDERAGE - SECOND . POSSESSION TOBACCO UNDERAGE -THIRD OFFENSE . INTERFERENCE WITH OFFICIAL ACTS - IA 719.0 r OTHER (SPECIFY) REPORTING OFFICER(S) s BADGE(S) —/ DATE REP• - T FILED g , C> SUPERVISOR BADGE POLICE CHIEF REVIEW DATE LICENSE RENEWAL RECOMMENDATION DETAILS IN YES ❑ NO n NARRATIVE DUBUQUE POLICE DEPARTMENT LICENSED ESTABLISHMENT INSPECTION PAGE 2 OF 2 ARRESTEE NAME ss -e , U,",� J.. 4,n, �...5 DOB G/ 8s- CHARGE(S) / 42,00,,, , , te",,,I Aee 6 L 7D ,° .eSa.,s uh , 4e z A ARRESTEE NAMe DOB CHARGE(S) ARRESTEE NAME DOB CHARGE(S) ARRESTEE NAME DOB CHARGE(S) ARRESTEE NAME DOB CHARGE(S) » 4/ /, i. _ � . ,/, 41 I I s L 2 f ' s 1. 10 41 /J" iU r 7 ‘4• l 1 ss C t /..�i%5/n . C'zC G "2 ~ d A /'f / ( o/` /�c d Lc J ,n , r 2 . ' ,ec . . -d.-z /o. - die �.� _5 .. /✓� , � ../ ,� /— �� r �on.,1',. * � 0/ ivy . / ^� s l� � � , _____e /// / 40o.y , / ,49,---/ "'Aix ,, / 0/ C4 Y ce S r ✓ S:a.e /� p ,tl 4-- , a '( e ,,„ 0 .5 / / zs , • PORTING OFFICER(S) —g C-A it BADGE(S) DATE REPORT FILED /may 6 CONTINUED ON SR ❑ DUBUQUE POLICE DEPT. L24 CASE NO: 10 -40846 SUPPLEMENTARY REPORT Initial Report _ Additional Information Related Cases: Offense: License Check Report Victim: Cooking Something Up Page 1 of 1 On August 25, 2010, Reporting Officer, (RO), was assisting with Tobacco and Alcohol Compliance Checks. At approximately 1741 Hrs, RO, wearing civilian clothes, entered Cooking Something Up, 1640 JFK Rd., Dubuque, for the purpose of checking compliance with local and state laws covering the sale of tobacco and alcohol to persons under the legal age. RO was positioned near the cash register so RO could observe any transaction that may occur. This provided RO with a clear view of the cash register area in the establishment. Alcohol and Tobacco Compliance Youth identified as "NK" entered the establishment and RO observed him go to the alcohol section in the southwest corner of the store. RO observed "NK" approach the white female cashier, who appeared to be the only employee in the store, with a bottle of what appeared to be wine. RO was in close enough proximity of the sale to hear and observe the transaction. The clerk, subsequently identified Stephanie Gorius, DOB: 06/12/1985, took the bottle of wine from "NK" and then asked "NK" for identification. RO observed "NK" provide Ms. Gorius with a current issued State of Iowa Driver's License identifying "NK" as being 16 years old. RO observed Ms. Gorius appear to look at "NK" driver license, enter data into the cash register, and then return the DL to "NK" stating that the sale would $11.81. "NK" provided Ms. Gorius with a $20.00 bill and Ms. Gorius completed the transaction putting the bottle of wine in a brown bag and returning the wine and change to "NK ". "NK" left the establishment and returned to the unmarked police vehicle and Ofc. O'Brien. RO noted that at the time of this transaction there was myself and two other customers browsing within the establishment. The two other customers were middle aged white females who appeared to be together just looking over the merchandise in the store. The clerk was the lone employee visible to RO and was standing near the cash register observing the store when "N K" approached for the sale. RO left the establishment shortly after "NK ". The other two patrons remained inside the store browsing. Ms. Gorius had taken a phone call after "N K" had left the store and prior to RO leaving and was speaking with someone about an offer on a house for sale. RO left the store while Ms. Gorius was still speaking on the phone. RO returned to the unmarked police vehicle and met with Ofc. O'Brien and "NK ". Ofc. O'Brien turned over the bottle of wine "NK" had purchased to RO. The wine was cataloged on Property in Custody form #0487 -007 as Item A. The bottle was noted to be a 750 ml bottle of Dona Paula Los Cardos Red Wine with an ALC content of 14.0% by volume. Ofc. O'Brien entered the establishment, identified Ms. Gorius and cited her for the appropriate offenses (DBQ 24332). RO and Ofc. O'Brien subsequently returned to the Law Enforcement Center were the bottle was photographed, opened by RO and the contents poured down the sink in the CID area per SOP. The PIC form was noted that the evidence was destroyed. Prop/Veh Report Filed DATE: 08/25/201 Rpt. Off(s): C 7-K _ Continued on SR Current Status Exceptional clearance Bdg: L24 CO App: Bdg: COMPLAINT IOWA UNIFORM CITATION AND COMPLAINT DUBUQUE POLICE DEPT. •• ❑ State of Iowa ❑ County of Dubuque No. 31 13 City of Dubuque In the Court at: 2nd Floor, 7th Street and Central Avenue, Dubuque, Iowa ' vs: Name �oi2 J /ii Defendant, Last First Address e/ &• ] SA" i .r G K l ie q�� / City /v, ( e \ J State —C� Zip %SAO' DLit 77.2 ?' . / 4,-2 state 4---io DL Class DL End. DL Rest. DL/State ID Viewed? Yes ❑ No EL . DOB G I l Z /. Race Z Ethn. A.- t Sex i Ht. 7wt. /S W /B /I /A /U H /N /U AM The undersigned states that on or about g /„.Z / /a at 6 7 U f pM defendant did unlawfully: Mo. a Yr. Operate Motor Vehicle /Boat (describe) CDL Req? Yes ❑ Nom , Pass. End. Req? Yes ❑ No HazMat End. Req? Yes ❑ No 0 Reg# State Year US DOT # Upon a public highway at Located in the county and state aforesaid and did then and there commit the following- dffens : ❑Traffic ❑ Navigation ❑ Snowmobile /ATV ❑ Fish -Game ❑ Parks qSched. Vioatlon/Fine $ S O. d' D El Road Work Zone Criminal Surcharge $ / J 'C..° O ❑ Non violation Co. Ent Surcharge $ ❑ Court Appearance Required (805.10) Court Costs $ c 0 • G e Reason: ❑ Serious P.I ❑ Fatal Accident Total Fine/Costs $ ,} 7S' / '° ❑ ChdlDamageAssessment❑Other Violation4U.' /�, cxa' if/CC'e�C/al /h /4 Q"$ U telt ` / eQi �� //e Speed in Zone Sec. 0 IA Code � - rte: DATA CODE Fed /Adm. Code Local Ord. Dated a /E( Mo. [t ay r. Officer' nature I.D. No. Court Date: If you must appear in court or if you chosse to appear to answer to a charge which does not require an appearance, report to the above named court on: 7 l'e$ at Mo. Day Yr. g.0 Signature of Defendant /6 'f 6 DBQ 24332 S iGrN/d hJJ G� vl Middle ❑ Tobacco .0 AM ❑ PM NOTICE: Providing false information is a violation of Section 719.3 of the Code of Iowa and Is punishable as an aggravated misdemeanor. - You hereby are given notice that within a reasonable time but no later than the date scheduled for your Initial appearance a citafionlcomplaint sworn under oath will be filed with the district court clerk of the county in which the citation was Issued. My signature below is not a plea of guilty, but acknowledges all of the following: 1. I hereby swear and affirm that the Information provided by me on this citation Is true under penalty of providing false Information. 2. I promise to appear in said court at said time and place, or I will comply with the provision on the top of the reverse side of the citation. The following applies to simple misdemeanors only: ��tt (5 0 3. I hereby give my unsecured appearance bond in the amount of/ 1 6 7,2 • dollars and enter my written appearance. I agree that if I fail to appear in person or by counsel to defend against the offense charged in this citation, the court is authorized to enter a conviction and render Judgment against me for the amount of my appearance bond in satisfaction of the penalty and surcha plus court costs. / II