Loading...
Alcohol Compliance Civil Penalty_Accessorize MeMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Accessorize Me; Alcohol Compliance Settlement DATE: January 26, 2012 Dubuque bierd All- America City 1 2007 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance settlement between the City of Dubuque and Accessorize Me. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mark Dalsing, Chief of Police Crenna Brumwell, Assistant City Attorney THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi January 17, 2011 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Accessorize Me; Alcohol Compliance Settlement INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Accessorize Me. BACKGROUND Accessorize Me has a liquor license for its establishment located at 474 Bluff Street. On December 13, 2011 the Dubuque Police Department did an alcohol compliance check at the business and the employee sold alcohol to underage youth compliance monitors. Accessorize Me has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. Accessorize Me has agreed to serve a 14 day suspension and has further indicated that after the suspension has been served, they will no longer offer alcohol for sale. CONCLUSION & RECOMMENDATION 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 ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Alcohol Compliance — 1st Violation RE: Accessorize Me 474 Bluff Street Dubuque, IA 52001 • • Accessorize Me, LLC 474 Bluff Street Dubuque, IA 52001 I, Jennifer Klaas voluntarily acknowledge that: a) Accessorize Me received the Notice of Hearing regarding the above referenced case. , on behalf of Accessorize Me, hereby knowingly and b) Accessorize Me admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Accessorize Me waives a public hearing and submits to the statutory penalties prescribed by law. d) Accessorize Me understands that this penalty 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. Accessorize Me has a liquor license for 474 Bluff Street. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number December 13, 2011 Alcohol Violation 1St Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Accessorize Me 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, Accessorize Me chooses the following penalty: ❑ Five hundred dollar ($500.00) fine Fourteen (14) day liquor license suspension The suspension of the liquor license must be served as follows: Tuesday, February 7, 2012 through and including Monday, February 20, 2012 Total: Fourteen (14) days Accessorize Me ALAI Signi re k cQS Signature Name — Please Print Name — Please Print Jennifer Klaas 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 suspension of the liquor license be served as outlined. PASSED AND APPROVED this 6th day of February , 2012 . Attest: Key F rnstahl, C y Cler Roy D. (o l, Mayor