Alcohol Violation Civil Penalty
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RESOLUTION NO. 318-00
WHEREAS~ on June 2~ 2000~ Craig Weiner was convicted in Dubuque County
District Court, Docket No. SMCR042161~ of violating Iowa Code Section 123.49(2)h (a
copy of said conviction is attached hereto and incorporated herein by reference) and
WHEREAS, at the time of the above violation Craig Weiner was the licensee of
the Walnut Tap, and
WHEREAS, said violation is the first violation of this section within a period of
two (2) years, and
WHEREAS~ Iowa code section 123.50(3), as amended, provides that a licensee
who violates said section shall be assessed a civil penalty in the amount of$500.00,
WHEREAS~ Iowa code section 123.39, as amended~ provides that local
authorities shall retain such civil penalties if the proceeding to impose the penalty is
conducted by the local authority,
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NOW, THEREFORE BE IT IT RESOLVED, that the City Council~ City of
Dubuque pursuant to the authority of the above cited sections hereby imposes a civil
penalty in the amount of$500 against Craig J. Weiner, D/B/A Walnut Tap, 709
University, Dubuque~ Permit No. LC0023025.
FURTHER, BE IT RESOLVED that said license holder has thirty (30) days from
the date of notice ofthe Resolution to pay such penalty in full to the City of Dubuque.
Failure to pay this penalty shall result in a fourteen (14) day suspension of the liquor
license and or beer permit held by the licensee.
BE IT FURTHER RESOLVED that the City Counc~ City of Dubuque is hereby
directed to notify the license holder ofthis action by providing to said license holder a
certified copy of this Resolution. Such notice shall be by certified mail, return receipt
requested.
FURTHER, that such license holder is hereby notified that license holder has the
right to appeal the imposition of this civil penalty to the Alcoholic Beverages Division of
the Department of Commerce by filing written notice of appeal with said Division and
with the City Counc~ City of Dubuque within twenty-one (21) days from the date of
service of this Resolution.
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FURTHER, that the City Council, City of Dubuque shall mail a copy ofthis
Resolution to: Licensing Bureau, Alcoholic Beverages Division, Department of
Commerce~ 1918 S.B. Hulsizer Avenue, Ankeny, Iowa 50021.
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This Resolution is passed this 17th day of J u 1 y 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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CITY OF DUBUQUE, IOWA
MEMORANDUM
July 13, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Assessment of Civil Penalty for Alcohol Violation
Acting Chief of Police Terry Lambert is recommending that a $500 civil penalty be
assessed against the Walnut Tap for selling alcohol to an underage person.
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I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/dd
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Terry Lambert, Acting Police Chief
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CITY OF DUBUQUE, IOWA
MEMORANDUM
July 10, 2000
Michael C. Van Milligen
City Manager
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FROM
Terry Lambert
Acting Chief of Police
SUBJECT
Assessment of civil Penalty for Alcohol Violation
INTRODUCTION
The purpose ofthis memo is to recommend that the City Council assess a civil penalty
against the Walnut Tap for selling alcohol to an underage person.
BACKGROUND
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On March 22, 2000, officers checked the Walnut Tap and found underage persons in the
establishment, including an underage person who had been served alcohol by the
establishment and whose identification had not been checked.
Craig Weiner, licensee, was charged with allowing persons under age 21 to be in the
establishment after 9:00 P.M., in violation of a City ordinance, and with violation of
Section 123.49(2)h of the Iowa Code, supplying alcohol to a person under legal age.
On June 2,2000, Weiner was convicted on the above charges. This would be a first
conviction on the charge of supplying alcohol to an underage person.
DISCUSSION
Section 123.50(3) of the Iowa Code provides that upon a first conviction for violation of
Section 123.49(2)h, the licensee shall be assessed a civil penalty of$500.
Since the penalty is prescribed upon conviction, a hearing is not required but the penalty
can be imposed upon adoption of a resolution by the City Council. The licensee may
appeal the penalty to the Alcoholic Beverages Division.
RECOMMENDATION
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I recommend the City Council adopt the attached resolution assessing a civil penalty of
$500 against the Walnut Tap.
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IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
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STATE OF IOWA
'08 JUhl) Pi'l 2 LID
Plaintiff(s)
vs.
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SMCR042161
DUSMCR 042160
CRAIG WEINER
Defendant(s).
ON THE 31 ST DAY OF MA Y, 2000, the above-captioned matter came before the court
pursuant to the Defendant's not guilty plea to the charges of supplying alcohol to minors and
allowing persons under the age of21 to be in his establishment after 9:00 p.m. in violation of
Iowa Code sec. 123.49(2)h and Local Ordinance 5-7. The State was represented by Assistant
County Attorney Alisha Stach and the Defendant was personally present with counsel Brian
Kane. Based on the testimony received, the court hereby enters the following [mdings of fact and
judgment.
RULINGS ON MOTIONS
The State moved to amend the citations issued to the Defendnat to reflect the proper
codes section to conform to the evidence presented at trial. The Defendant resisted the motion
and requested a dismissal. The motions are hereby GRANTED.
FINDINGS OF FACT
Defendant is the owner and operator of the Walnut Tap. On Wednesdays, the bar offers a
drink special that entices college students to frequent the facility. He has a standard practice of
checking for identification on all patrons of the bar appearing to be underage and not regular,
known clients. He does not permit entry to the bar from University A venue. The entrance off
Walnut Street is intentionally narrow so that the door will not get stormed with patrons. He has
been commended in the past for his identification checks when police stings have occurred to
check for underage sales of tobacco.
On March 22,2000, Melissa Waldorf and a few friends were in the Walnut Tap. Brent
Firzlaff and his friends were also in the bar. Ms. Waldorfs identification was never checked.
Neither were her friends'. Mr. Firzlaff and his friends were checked and found to be of age. But,
Mr. Firzlaff displayed a false driver's license that was only inaccurate as to the year of his birth
and one audit number. Both Ms. Waldorf and Mr. Firzlaff drank alcohol in the tavern. Both were
underage as evidenced by their birthdates of 11-8-79 and 9-8-79, respectviely. Both were legally
not permitted to be in the bar after 9:00 p.m.
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CONCLUSIONS OF LAW
The State has the burden to prove that the Defendant provided alcohol to minor persons
under the age of 21 and that there were persons under the age of 21 in the bar after the hour of
9:00 p.m. beyond a reasonable doubt.
JUDGMENT
The State has met its burden of proof as supported by the facts as recited herein.
THE DEFENDANT IS THEREFORE GUILTY AS CHARGED, THE DISPOSITION IS
THEREFORE: set fro hearing on sentencing on the 14th day of June, 2000 at 1 :00 p.m. If the parties
would like to make a written statement on the issue of sentencing, the statements must be submitted no
later then the date set for the hearing.
DONE AND ORDERED THIS 2nd DA Y OF MAY, 2000.
(;l'laiuCI a ~~
MONICA L. ACKLEY tI
MAGISTRATE
On t r-t~ 20~
Copy of ::,;s dccument was mailed to
CA
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MARII. YN COGHLAN