Alcohol Compliance_Creslanes BowlingMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Creslanes Bowling
DATE: March 2, 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 Creslanes Bowling, 255 South Main Street.
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 2, 2012
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement — Creslanes Bowling
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Creslanes Bowling.
BACKGROUND
Creslanes Bowling has a liquor license for its establishment at 255 South Main Street in
the City of Dubuque. On August 31, 2010 and January 10, 2012 the Dubuque Police
Department did an alcohol compliance check at Creslanes Bowling 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. Creslanes Bowling has chosen to pay a
$1,500 fine for a second violation and has submitted payment to the City Clerk's Office.
They will also be serving a thirty (30) day suspension of their liquor license. The
suspension dates are detailed in the attached settlement agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Creslanes Bowling 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 - 2nd Violation
RE: Creslanes Bowling
255 South Main Street
Dubuque, IA 52001
Creslanes Bowling, Inc.
255 South Main Street
Dubuque, IA 52001
I, S-I-S Vk Co( ' A , on behalf of Creslanes Bowling, hereby knowingly
and voluntarily acknowledge that:
a) Creslanes Bowling received the Notice of Hearing regarding the above
referenced case.
b) Creslanes Bowling admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Creslanes Bowling waives a public hearing and submits to the statutory
penalties prescribed by law.
d) Creslanes Bowling understands that this penalty will count as an official
"Second 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.
Creslanes Bowling has a liquor license for 255 South Main Street. Violations of the
liquor license occurred as follows:
Violation Date
August 31, 2010
January 10, 2012
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1st Violation
2nd Violation
At this time, Creslanes Bowling has one (1) alcohol violation pending. Under the
foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Creslanes
Bowling is subject to a civil penalty and a suspension of the liquor license.
In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-
2B -16, Creslanes Bowling accepts the penalties for a Second Violation — Alcohol
Compliance and chooses the following option:
Please choose one (1) of the following options:
Option #1
✓ One thousand five hundred dollar ($1,500) fine
✓ Thirty (30) day suspension of the license
❑ Option #2
✓ Five thousand dollar ($5,000) fine
✓ Fourteen (14) day suspension of the license
(Thirty (30) day suspension with sixteen (16) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
❑ Option #3
✓ Seven thousand five hundred dollar ($7,500) fine
✓ Seven (7) day suspension of the license
(Thirty (30) day suspension with twenty three (23) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Two (2) of the following (please choose two):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty -one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
❑ Option #4
✓ Fifteen thousand dollar ($15,000) fine
✓ Zero (0) day suspension of the license
(Thirty (30) day suspension with thirty (30) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Three (3) of the following (please choose three):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive the training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty -one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
*If there is a violation within the probationary period, the days which were suspended must be served.
Initials: IS 70
Date: - /°1
The suspension of the liquor license must be served as follows:
Friday, April 27, 2012 — Saturday, May 5, 2012
Saturday, May 12, 2012 — Monday, May, 14, 2012
Saturday, May 19, 2012 — Monday, May 21, 2012
Saturday, May 26, 2012 — Monday, May 28, 2012
Saturday, June 2, 2012 — Monday, June 4, 2012
Saturday, June 9, 2012 — Monday, June 11, 2012
Saturday, June 16, 2012 — Monday, June 18, 2012
Saturday, June 23, 2012 — Monday, June 25, 2012
Creslanes Bowling
Nine (9) Days
Three (3) Days
Three (3) Days
Three (3) Days
Three (3) Days
Three (3) Days
Three (3) Days
Three (3) Days
Total: Thirty (30) days
Signature / Signature
Steve Oneyear
Name — Please Print
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 foregoing civil penalty be remitted by Creslanes Bowling on or before Friday,
March 9, 2012 and suspension of the liquor license be served as outlined.
PASSED AND APPROVED this 19thday of March
Attest:
Kevin irnstahl, City Cler
,2012