Alcohol Compliance_Casey's General Store #2421Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Settlement Agreement - Casey's General Store #2421
September 14, 2011
Chief of Police Mark Dalsing is recommending approval of the Alcohol
Settlement Agreement with Casey's General Store #2421.
I concur with the recommendation and respectfully request Mayor and
approval.
Dubuque
AI AmericaCity
'
2007
Compliance
City Council
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE CITY OF
DUB JE MEMORANDUM
Masterpiece on the Mississippi
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing14
Chief of Police
RE: Settlement Agreement - Casey's General Store #2421
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Casey's General Store #2421.
BACKGROUND
1W
September 12, 2011
Casey's General Store #2421, 4003 Peru Road, has a liquor license for its
establishment at 4003 Peru Rd. in the City of Dubuque. On October 21, 2010 the
Dubuque Police Department did an alcohol compliance check at Casey's and an
employee sold alcohol to underage youth compliance monitors.
City Council has directed that staff work with license and permit holders to serve
suspensions & penalties in a flexible way. Casey's has chosen to pay a $500 fine for a
first violation and has submitted payment to the City Clerk's Office.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Casey's was provided the schedule and selected their choice of penalty. The
City Legal Department and the Police Department have reviewed the agreement and
concur with the requirements.
ACTION REQUESTED
City Manager review, City Council approval, and Mayor Buol signature of the attached
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Alcohol Compliance — 1st Violation
RE: Casey's General Store #2421
4003 Peru Road
Dubuque, IA 52001
Casey's Marketing Company
PO Box 3001
Ankeny, IA 50021 -8045
I, Claire K . iv at(7fl , on behalf of Casey's General Store #2421, hereby
knowingly and voluntarily acknowledge that:
a) Casey's General Store #2421 received the Notice of Hearing regarding
the above referenced case.
b) Casey's General Store #2421 admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Casey's General Store #2421 waives a public hearing and submits to the
statutory penalties prescribed by law.
d) Casey's General Store #2421 understands that this violation will count as
an official "First Violation — Alcohol Compliance" of Iowa Code §123.49, pursuant
to Iowa Code §123.50 and City of Dubuque Code of Ordinances §4- 2B -16.
Casey's General Store #2421 has a liquor license for 4003 Peru Road. Violation of the
liquor license occurred as follows:
Violation Date
October 21, 2010 Alcohol Violation 1St Violation
Violation Type Violation Number
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Casey's General Store #2421 is subject to the following:
1) A five hundred dollar ($500.00) fine
OR
2) A fourteen (14) day suspension of the liquor license.
In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-
2B -16, Casey's General Store #2421 chooses one of the following penalties:
V Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Casey's General Store #2421
Signature Signature
Clare R.vithlY1 \ il
Name — Please Print J Name — Please Print
g'21.1t
Date
Date
NOTE: This must be signed by an individual alcohol lice nsee, or in the case of another business entity, by
individual(s) who have authority to bind the entity.
THEREFORE, in lieu of a public hearing, the City of Dubuque City Council
hereby orders that the foregoing civil penalty has been remitted by Casey's General
Store #2421 to the City of Dubuque — City Clerk's Office.
PASSED AND APPROVED this 19thday of September , 2011
Attest:
Kevin irnstahl, ing -City Clerk
Ly'n V. Sutton, Mayor Pro -Tem