Alcohol Compliance_Pizza Hut #4691Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Pizza Hut #4691
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 Pizza Hut #4691, 320 East 20th Street.
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 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 — Pizza Hut #4691
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Pizza Hut #4691.
BACKGROUND
Pizza Hut #4691 has a liquor license for its establishment at 320 East 20th Street in the
City of Dubuque. On December 29, 2011 the Dubuque Police Department did an
alcohol compliance check at Pizza Hut #4691 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. Pizza Hut #4691 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. Pizza Hut #4691 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: Pizza Hut #4691
320 East 20th Street
Dubuque, IA 52001
NPC International, Inc.
720 West 20th Street
Pittsburg, KS 66762
I, klettrty _ :k---
voluntarily acknowledge that:
a) Pizza Hut #4691 received the Notice of Hearing regarding the above
referenced case.
, on behalf of Pizza Hut #4691, hereby knowingly and
b) Pizza Hut #4691 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Pizza Hut #4691 waives a public hearing and submits . to the statutory
penalties prescribed by law.
d) Pizza Hut #4691 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.
Pizza Hut #4691 has a liquor license for 320 East 20th Street. Violation of the liquor
license occurred as follows:
Violation Date Violation Type Violation Number
December 29, 2011 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Pizza Hut #4691 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, Pizza Hut #4691 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 27, 2012 through and including Monday, April 9, 2012
Total: Fourteen (14) days
Pizza Hut #4691
Signaturef.- Signature
Kenny Thein
Name — Please Print Name — Please Print
3-7- I
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.
Attest:
PASSED AND APPROVED this 19trday of March
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4:4 AfW",
Key' irnstahl, City C WI'
,2012 .
az,/
Roy D. ol, Mayor