Alcohol Compliance_Civil Penalty, HyVee Wine and SpiritsMasterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Settlement Agreement - Hy -Vee Wine & Spirits
November 1, 2011
Chief of Police Mark Dalsing is recommending approval of the Alcohol
Settlement Agreement with Hy -Vee Wine & Spirits, 3500 Dodge Street
I concur with the recommendation and respectfully request Mayor and
approval.
chael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark M. Dalsing, Chief of Police
Dubuque
AA- America City
2007
Compliance
•
City Council
THE CITY OF
DUMJJE MEMORANDUM
Masterpiece on the Mississippi
October 18, 2011
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing AS
Chief of Police
RE: Settlement Agreement — Hy -Vee Wine & Spirits
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Hy -Vee Wine & Spirits.
BACKGROUND
Hy -Vee Wine & Spirits has a liquor license for its establishment at 3500 Dodge Street in
the City of Dubuque. On September 11, 2011 the Dubuque Police Department did an
alcohol compliance check at Hy -Vee Wine & Spirits 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. Hy -Vee Wine & Spirits 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. Hy -Vee Wine & Spirits 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: Hy -Vee Wine & Spirits
3500 Dodge Street
Dubuque, IA 52003
Hy -Vee, Inc.
5820 Westown Parkway
West Des Moines, IA 50266
1, Stephen Meyer , on behalf of Hy -Vee, Inc., hereby knowingly and
voluntarily acknowledge that:
a) Hy -Vee, Inc. received the Notice of Hearing regarding the above
referenced case.
b) Hy -Vee, Inc. admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Hy -Vee, Inc. waives a public hearing and submits to the statutory
penalties prescribed by law.
d) Hy -Vee, Inc. 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.
Hy -Vee, Inc. has a liquor license for 3500 Dodge Street. Violation of the liquor license
occurred as follows:
Violation Date Violation Type Violation Number
September 1, 2011 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Hy -Vee, Inc. 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, Hy -Vee, Inc. chooses one of the following penalties:
m Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Hy -Vee, Inc.
Stephen Meyer
Signature
Stephen Meyer
Name — Please Print
Executive Vice President
Name — Please Print
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 Hy -Vee, Inc. to the
City of Dubuque — City Clerk's Office.
PASSED AND APPROVED this 7th day of November
Attest:
2011