Alcohol Compliance_Steve's Ace HardwareMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Steve's Ace Hardware
DATE: March 8, 2012
Dubuque
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All-America City
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Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Steve's Ace Hardware, 3350 JFK Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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 TE MEMORANDUM
Masterpiece on the Mississippi
March 7, 2012
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Da'sing
Chief of Police
RE: Settlement Agreement — Steve's Ace Hardware
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Steve's Ace Hardware.
BACKGROUND
Steve's Ace Hardware has a liquor license for its establishment at 3350 JFK Road in the
City of Dubuque. On January 31, 2012 the Dubuque Police Department did an alcohol
compliance check at Steve's Ace Hardware 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. Steve's Ace Hardware has chosen a fourteen
(14) day liquor license suspension and has submitted their signed agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Steve's Ace Hardware 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: Steve's Ace Home & Garden
3350 JFK
Dubuque, IA 52002
•
•
Steve's Ace Hardware, Inc.
3350 JFK
Dubuque, IA 52002
knowin
!,c . —I e tAi , on behalf of Steve's Ace Home & Garden, hereby
ly and voluntarily acknowledge that:
a) Steve's Ace Home & Garden received the Notice of Hearing regarding the
above referenced case.
b) Steve's Ace Home & Garden admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Steve's Ace Home & Garden waives a public hearing and submits to the
statutory penalties prescribed by law.
d) Steve's Ace Home & Garden understands that this penalty 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.
Steve's Ace Home & Garden has a liquor license for 3350 JFK. Violation of the liquor
license occurred as follows:
Violation Date Violation Type Violation Number
January 31, 2012 Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Steve's Ace Home & Garden 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, Steve's Ace Home & Garden 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, March 20, 2012 through and including Monday, April 2, 2012
Total: Fourteen (14) days
Steve's Ace Home & Garden
Signature Signature
Judy Selchert
Tu Name — Please rint
3/ Ji
Date
Name — Please Print
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 thisl9th day of March
Attest:
,2012 .
o
Roy D. Byfj6I, Mayor