Alcohol Compliance Penalty_Fischer Lanes
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Fischer Lanes
DATE: August 29, 2012
Chief of Police Mark Dalsing recommends approval of the Settlement Agreement with
Fischer Lanes for their first violation for alcohol compliance.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/ AAh kt1&1
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE CIiY OF Dubuque
DUB E
Masterpiece on the Mississippi I I I I I r
2007
10: Michael C. Van Milligan, City Manager
FROM: Mark M Colons Chief of Police
DATE: August 28 2012
SUBJECT: Settlement Agreement- Fischer Lanes
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Fischer Lanes
BACKGROUND
Fischer Lanes has a liquor license for its establishment at 880 Locust Street In the City of Dubuque. On May A, 2812 the
Dubuque Police Department did an alcohol compliance check at Fischer Lanes 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 aflexible way.
Fischer Lanes has Masan to pay a $50 fine for a first violation and has submitted payment to the Police Department.
RECOMMENDATION
thaccordance with Council diredive, City staff has developed a penalty schedule for violators Fischer Lanes was provided
chedule and selected der choice of penalty. The dry 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 Boot signature of the attached Acknowledgment /Settlement
Agreement.
Prepared by
Mark Colors
Claude Brumwell
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Alcohol Compliance — 1st Violation
RE: Fischer Lanes
880 Locust Street
Dubuque, IA 52001
Plastic Center, Inc.
PO Box 267
Dubuque, IA 52004 -0267
I, Tony Pfohl , on behalf of Fischer Lanes, hereby knowingly and
voluntarily acknowledge that:
a) Fischer Lanes received the Notice of Hearing regarding the above
referenced case.
b) Fischer Lanes admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct,
c) Fischer Lanes waives a public hearing and submits to the statutory
penalties prescribed by law.
d) Fischer Lanes 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.
Fischer Lanes has a liquor license for 880 Locust Street. Violation of the liquor license
occurred as follows:
Violation Date Violation Type Violation Number
May 4, 2012 Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Fischer Lanes 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, Fischer Lanes chooses one of the following penalties:
Five hundred dollar ($500.00) fine
Fourteen (14) day liquor license suspension
RECEIVED
p,ll!; 14 2t1i2 AM 4 :00
Dubuque Police Department
Dubuque, IF
Fischer Lanes
Signature
/170-(/
Tony Pfohl (�,o�;S %n��� 9L4n1
Name — Please Print
X22 /Z
Dee
Signature
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 has been remitted by Fischer Lanes to the
City of Dubuque — Police Department.
PASSED AND APPROVED this 4th day of September
Attest:
Kevin F nstaht, City
,2012
RECEIVED
AUIG242 ^12 AM •9 :00
Dubuque Police Department'
Dubuque, tP