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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 bierd All-America City 1 2007 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