Alcohol Compliance_Instant ReplayMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Instant Replay
DATE: September 14, 2011
Dubuque
hitil
All-America City
2007
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Instant Replay.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mice ael 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 TE MEMORANDUM
Masterpiece on the Mississippi
September 13, 2011
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsirliy
Chief of Police
RE: Settlement Agreement — Instant Replay
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Instant Replay.
BACKGROUND
Instant Replay has a liquor license for its establishment at 1602 Central Avenue in the
City of Dubuque. On April 22, 2011 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. Instant Replay 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. Instant Replay 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: Instant Replay
1602 Central Avenue
Dubuque, IA 52001
• Pamela Arensdorf
• 1602 Central Avenue
• Dubuque, IA 52001
, tv,i7 /2 1 0i ni
voluntarily acknowledge at:
, on behalf of Instant Replay, hereby knowingly and
a) Instant Replay received the Notice of Hearing regarding the above
referenced case.
b) Instant Replay admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Instant Replay waives a public hearing and submits to the statutory
penalties prescribed by law.
d) Instant Replay understands that this violation will count as an official "First
Violation — Alcohol Compliance" of City of Dubuque Code of Ordinances §4 -2A -3,
pursuant to Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-2B-
16.
Instant Replay has a liquor license for 1602 Central Avenue. Violation of the liquor
license occurred as follows:
Violation Date Violation Type Violation Number
April 22, 2011 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Instant Replay 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, Instant Replay chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Instant Replay
Signature Signature
Rct yr) r e_11,5(-1 r-F
Name - Please Print Name - Please Print
9-1c;),--11
Date
Date
NOTE: This must be signed by an individual alcohol licensee, 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 Instant Replay to the
City of Dubuque — City Clerk's Office.
PASSED AND APPROVED thisl9th day of September , 20 11 .
Attest:
///
V/fnn V. Sutton, Mayor Pro -Tem
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