Alcohol Compliance Settlement Agreement_El Paisano GroceryMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - El Paisano Grocery Store
DATE: March 26, 2012
Dubuque
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All-America City
1
2007
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with El Paisano Grocery Store.
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
Masterpiece on the Mississippi
TO Michael C Van Milligen, City Manager
FROM Mark M Dalsing, Chief of Police
DATE March 14, 2012
SUBJECT Settlement Agreement- El Paisano Grocery Store
Dubuque
had
NI- America City
'I 1 1 I'
2007
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque and El Paisano Grocery Store
BACKGROUND
El Paisano Grocery Store has a liquor license for its establishment at 1543 Central Avenue in the City of Dubuque On
February 16,2012 the Dubuque Police Department did an alcohol compliance check at El Paisano Grocery Store and an
employee sold alcohol to underage youth compliance monitors
DISCUSSION
City Council has directed that staff work with license and permit holders to serve suspensions &penalties in a flexible way El
Paisano Grocery Store has chosen a fourteen (14) day liquor license suspension and has submitted their signed agreement
RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for violators El Paisano Grocery Store was
provided the schedule and selected their choice of penally The City Legal Department and the Police Department have
reviewed the agreement and concur with the requirements
ACTION TO BE TAKEN
City Manager review, City Council approval, and Mayor Buol signature of the attached Acknowledgment /Settlement
Agreement
Prepared by
Mark Dalsing
cc
Crenna Brumwell
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Alcohol Compliance — 1st Violation
RE: El Paisano Grocery Store
1543 Central Avenue
Dubuque, IA 52001
Inocente Rubio
1543 Central Avenue
Dubuque, IA 52001
, on behalf of El Paisano Grocery Store, hereby
knowingly and voluntarily acknowledge that:
a) El Paisano Grocery Store received the Notice of Hearing regarding the
above referenced case.
b) El Paisano Grocery Store admits that the facts and allegations contained
in the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) El Paisano Grocery Store waives a public hearing and submits to the
statutory penalties prescribed by law.
d) El Paisano Grocery Store 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.
El Paisano Grocery Store has a liquor license for 1543 Central Avenue. Violation of the
liquor license occurred as follows:
Violation Date Violation Type Violation Number
February 16, 2012 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, El
Paisano Grocery Store 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, El Paisano Grocery Store chooses the following penalty:
❑ Five hundred dollar ($500.00) fine
ram Fourteen (14) day liquor license suspension
The suspension of the liquor license must be served as follows:
Tuesday, April 3, 2012 through and including Monday, April 16, 2012
Total: Fourteen (14) days
El Paisano Grocery Store
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Signature Signature
Inocente Rubio
Name — Please Print
Ti74iC 2/
Date
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<9?t9 4/h7aor_ente_
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 this 2ndday of April
Attest:
Key' Firnstahl, City Clerk
, 2012 .
Roy D. B Mayor