Alcohol Compliance_Freddie's PopcornMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Freddie's Popcorn Co.
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 Freddie's Popcorn Co., 1086 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. Da'sing
Chief of Police
RE: Settlement Agreement — Freddie's Popcorn Co.
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Freddie's Popcorn Co.
BACKGROUND
Freddie's Popcorn Co. has a liquor license for its establishment at 1086 Main Street in
the City of Dubuque. On February 9, 2012 the Dubuque Police Department did an
alcohol compliance check at Freddie's Popcorn Co. 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. Freddie's Popcorn Co. has chosen to pay a
$500 fine for a first violation and has submitted payment to the City Clerk's Office.
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
1
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Alcohol Compliance — 1st Violation
RE: Freddies Popcorn Co.
1086 Main Street
Dubuque, IA 52001
Glen Stillmunkes
1086 Main Street
Dubuque, IA 52001
1, 4f,"/ , on behalf of Freddies Popcorn Co., hereby knowingly
and voluntarily acknowledge that:
a) Freddies Popcorn Co. received the Notice of Hearing regarding the above
referenced case.
b) Freddies Popcorn Co. admits that the facts and allegations contained in
the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Freddies Popcorn Co. waives a public hearing and submits to the statutory
penalties prescribed by law.
d) Freddies Popcorn Co. understands that this violation 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.
Freddies Popcorn Co. has a liquor license for 1086 Main Street. Violation of the liquor
license occurred as follows:
Violation Date Violation Type Violation Number
February 9, 2012 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Freddies Popcorn Co. 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, Freddies Popcorn Co. chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Freddies Popcorn Co.
Ail//1/ -b///1)
Signature
(l.a/Z4re,
Signature
Glen Stillmunkes
Name — Please Print ame — Please Print
avA9L- f2
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 foregoing civil penalty has been remitted by Freddies Popcorn
Co. to the City of Dubuque — City Clerk's Office.
PASSED AND APPROVED this 19th day of March , 2012
Roy D. BftoI, Mayor
Attest:
A,..eMA4O
Kevin it stahl, City Clerk