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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 bierd 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 _Lriacef4e �it�►1 /� _ _ Signature Signature Inocente Rubio Name — Please Print Ti74iC 2/ Date Q,u7� ft Are <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