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Code of Ordinances Amendment_Alcohol Violations\ TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Alcohol Violation Ordinance Amendment DATE: September 12, 2012 Assistant City Attorney Crenna Brumwell is recommending that an ordinance amendment be adopted to refer all contested alcohol violations to the Iowa Alcoholic Beverages Division for a hearing in front of an Administrative Law Judge, instead of the current process where the City Council hears the case. I concur with the recommendation and respectfully request Mayor and City Council approval. / AAh kt1&1 Michael C. Van Milligen MCVM:ds Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Crenna Brumwell, Assistant City Attorney THE CITY OF DUB UE MEMORANDUM Masterpiece on the Mississippi 1 V CRENNA M. BRUMWELL, SQ, W ASSISTANT CITY ATTORI\Ik�� To: Michael C. Van Milligen City Manager DATE: August 31, 2012 RE: Alcohol Violation Ordinance Amendment On July 31, 2012, a memorandum was sent to you relating to referring contested alcohol violations to the Iowa Alcoholic Beverages Division (ABD) for a hearing in front of an administrative law judge. You approved the memorandum and gave us permission to send all future contested cases to the ABD for handling. I have attached an ordinance which reflects this change. Please let me know if you need any further information. Thank you. cc: Mark Dalsing, Chief of Police Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 49-12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS, SECTION 4 -2B -15 SUSPENSION AND REVOCATION GENERALLY; GROUNDS, SECTION 4 -2B -16 SUSPENSION AND REVOCATION; SPECIFIC TERMS; AND SECTION 4 -2B -17 APPEAL AND HEARING BY PROVIDING A NOTICE OF VIOLATION; OPPORTUNITY FOR SETTLEMENT OR HEARING WITH THE IOWA ALCOHOLIC BEVERAGES DIVISION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4 -2B -15 of the City of Dubuque Code of Ordinances is amended to read as follows: 4- 2B -15: SUSPENSION AND REVOCATION GENERALLY; GROUNDS: A. A license or permit issued under this chapter may be suspended or revoked or a civil penalty may be imposed on the licensee or permittee for any of the following: 2. Violation of any of the provisions of this chapter or Iowa Code Chapter 123. 7. The conviction of any liquor control licensee or wine or beer permittee for a violation of any of the provisions of this chapter is grounds for the suspension or revocation of the license or permit by the State of Iowa Alcoholic Beverages Division or the city. 8. If any liquor control licensee or wine or beer permittee is convicted of any violation of the Iowa Code, the liquor control license or wine or beer permit must be revoked and must be immediately surrendered by the holder and the bond of the licensee or permittee must be forfeited to the State of Iowa Alcoholic Beverages Division. B. A criminal conviction is not a prerequisite to suspension, revocation, or imposition of a civil penalty pursuant to this section. Section 2. Section 4 -2B -16 of the City of Dubuque Code of Ordinances is amended to read as follows: Roy D.uol, Mayor Li Attest: -, Kevin ' irnstahl, City CIe !� OFFICIAL PUBLICATION ORDINANCE NO. 49-12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULA- TIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PER- MITS, SECTION 4-2B- 15 SUSPENSION AND REVOCATION GENER- ALLY; GROUNDS, SECTION 4-2B-16 SUSPENSION AND REVOCATION; SPECI- FIC TERMS; AND SECTION 4 -2B -17 APPEAL AND HEAR- ING BY PROVIDING A NOTICE OF VIOLA- TION; OPPORTUNITY FOR SETTLEMENT OR HEARING WITH THE IOWA ALCOHOLIC BEVERAGES DIVISION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ' CITY OF DUBUQUE, IOWA: Section 1. Section 4- 2B -15 of the City of Dubuque Code of Ordinances is amended to read as follows: 4- 2B -15: SUSPENSION AND REVOCATION GENERALLY; GROUNDS: A. A license or permit issued under this chapter may be suspended or revoked or a civil penalty may be imposed on the licensee or permittee for any of the following: 2. Violation of any of the provisions of this chapter or Iowa Code Chapter 123. 7. The conviction of any liquor control licensee ,or- wine or beer permittee for a violation of any of the provisions of this chapter is grounds for the suspension or revocation • of the license or permit by, the State of Iowa Alcoholic Beverages Division or the city. 8. If any liquor control licensee or wine or beer permittee is convicted of any violation of the Iowa Code, the liquor control license or wine or beer permit must be revoked and must be immediately surrend- ered by the holder and the bond of the licensee or permittee must be forfeited to the State of Iowa Alcoholic Beverages Division. B. A criminal convic- tion is not a prerequisite to sus- pension, revocation, or imposition of a civil penalty pursuant to this section. Section 2. Section 4- 2B -16 of the City of Dubuque Code of Ordinances is amended to read as follows: 4- 2B -16: SUSPENSION AND REVOCATION; NOTIFICATION; SPECI- FIC TERMS: A. If any licensee, wine or beer permittee, or an employee of such licensee or permittee is convicted of a violation of this chapter or chapter 123 of the code of Iowa, the city must notify licensee, wine or beer permittee of the violation. B. The city manager and the city attorney may enter into an agreement with the licensee or permittee for the days for which a licensee or permittee may serve a suspension of a license or permit. C. The notice of violation must provide the licensee, wine or beer permittee a summary of the violation, the penalties, and the available options, which include admitting the violation and accepting assess- ment of a penalty as follows: 2. Second violation (within a period of 2 years): The licensee or permittee must pay a one thousand five hundred dollar ($1,500.00) civil penalty and serve a thirty (30) day suspension of the license or permit; however, in lieu of the fine and suspension, the licensee or permittee may: a. Pay a five thousand dollar ($5,000.00) civil penalty and se rve a thirty (30) day suspension of which sixteen (16) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period. If there is a violation within the twelve (12) month probationary period, upon service of notice by the City, the sixteen (16) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police; or b. Pay a seven thousand five hundred dollar ($7,500.00) civil penalty and serve a thirty (30) day suspension of which twenty three (23) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period, together with two (2) of the following conditions selected by the licensee or permittee with the approval of the chief of police: (1) Terminate the employee who acted illegally. (2) Purchase and use identification scanners for use on all alcohol sales. (3) All employees at the time of the violation who may serve alcohol and continue their employ- ment with the licensee or permittee must be trained in training for intervention proce- dures (TIPS) or other training approved by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive training within thirty (30) days of their hire date. (4) Use wristbands for patrons twenty one (21) years of age and older. (5) Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the chief of police. (6) Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the chief of police. (7) Such other conditions as agreed upon between the licensee or permittee and the chief of police. If there is a violation within the twelve (12) month period following a settlement agree- ment between the licensee or permittee and the city, upon service of notice by the city, the twenty three (23) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police. For purposes of the probationary per- iod, the reinstatement of the suspension does not require a conviction; or c. Pay a fifteen thousand dollar ($15,000.00) civil pen- alty and serve a thirty (30) day suspension of which thirty (30) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period, together with three (3) of the following conditions selected by the licensee or permittee with the approval of the chief of police: (1) Terminate the employee who acted illegally. (2) Purchase and use identification scanners for use on all alcohol sales. (3) All employees at the time of the . violation who may serve alcohol and continue their employ - ment with the licensee or permittee must be trained in training for intervention proce- dures (TIPS) or other training approved by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive the training within thirty (30) days of their hire date. (4) Use wristbands for patrons twenty one (21) years of age and older. (5) Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the chief of police. (6) Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the chief of police. (7) Such other condi- tions as 'agreed' upon between the licensee or permittee and the Chief of police. If there is ,a violation within' the twelve (12) month period following a settlement agree - ment between the, I licensee or permittee and the city, ' upon l service of notice by ^the city, the thirty (30) days which were' suspended must be served by the licensee or permittee as agreed upon by the chief of police. For purposes, of the probationary per- iod, the reinstatement of the suspension does not require a conviction., 3. Third violation (within a period of 2 years) :_ The licensee or permittee must pay a one thousand five hundred dollar ($1,500.00) civil penalty and serve a sixty (60) day suspension of the . license or permit; however, in lieu of the fine and suspension, the licensee or permittee may: a. Pay a fifteen thousand • dollar ($15,000.00).:; civil penalty and serve a sixty (60) day suspension of which thirty (30) days will, be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary, period, together with the following conditions: • ermmurate:. the ei�iplho�` ho acted it egafU,. w A (2) Purchase and use identification scanners for use on all alcohol or permittee and the chief of police. If there is a violation within the twelve (12) month period following a settlement agree- ment between the licensee or permittee and the city, upon service of notice by the city, the thirty (30) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police. For purposes of the probationary per- iod, the reinstatement of the suspension does not require a conviction. D. Any licensee, wine or beer permittee convicted of a violation of this chapter or chapter 123 of the code of Iowa, may contest the violation and request a hearing with the State of Iowa Alcoholic Beverages Division as provided in Chapter 123 of the Iowa Code. Section 3. Section 4- 2B -17 of the City of Dubuque Code of Ordinances is amended to read as follows: 4- 2B -17: HEARING: The right to a hearing with the State of Iowa Alcoholic Beverages Division as provided in Chapter 123 of the Iowa Code shall be afforded a liquor control licensee, wine permittee, or beer permittee whose license or permit has been proposed for suspension, revoca- tion, or denial. Section 4. This Ordinance takes effect on publication. Passed, approved, and adopted the 17th day of September, 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of September, 2012. /s /Kevin S. Firnstahl, CMC, City Clerk 1t 9/22 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 22, 2012, and for which the charge is $111.09. Subscribed to before me, a ary Public in and for Dubuque County, Iowa, this .2-2V3 day o , 20 / . otary Public in and for Dubuque County, Iowa. MARY K WESTTERMEYER Cnmmlaalnn Numbor 154ea5 ered oy the nolder ano the bond of the licensee or permittee must be forfeited to the State of Iowa Alcoholic Beverages Division. B. A criminal convic- tion is not a prerequisite to sus- pension, revocation, or imposition of a civil penalty pursuant to this section. Section 2. Section 4- 26-16 of the City of Dubuque Code of Ordinances is amended to read as follows: 4- 2B -16: SUSPENSION AND REVOCATION; NOTIFICATION; SPECI- FIC TERMS: A. If any. licensee, wine or beer permittee, or an employee of such license or permittee is convicted of a violation of this chapter or chapter 123 of the code of Iowa, the city must notify the licensee,_ wine of beer permittee of the violation. N� (1) Terminate the employee who acted illegally. (2) Purchase and use identification scanners for use on all alcohol sales. (3) All employees at the time of the violation who may serve alcohol and continue their employ- ment with the licensee or permittee must be trained in training for intervention proce- dures (TIPS) or other training approved by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive training within thirty (30) days of their hire date. (4) Usewristbands for patrons twenty one (21) years of age and older. (5) Hire staff to check the ideritifiEaGon'of tl patrons 'as they enter emu/ uaya employees hired within two (2) years who may serve alcohol must receive the training within thirty (30) days of their hire date. 1 (4) Use wristbands for patrons twenty one (21) years of age and older. (5) Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the chief of police. (6) Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the chief of police. (7) Such other condi- tibns''as agreed -Dhoti between the licensee or permittee and the thief of police. If there is ;a violation within the twelve (12) month period following a settlement agree - ment between the licensee or permittee and the city, upon service of notice bythe city, the thirty (30) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police. For purposes of the probationary per- iod, the reinstatement of the suspension does not require a conviction. 3. Third violation (within a period of 2 years)-;The licensee or permittee must pay a one thousand five hundred dollar ($1,500.00) civil penalty and serve a sixty (60) day suspension of the. license or permit; I however, in lieu of the fine and suspension, the licensee or permittee may: a. Pay a fifteen thousand • dollar ($15,000.001 .. civil. penalty and serve a sixty (60) :.' day suspension of which thirty (30) days will, be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period, together .with the following; conditions. (W ermr)aate the- pe� tio' ached olIeg;a� , "I' (2) Purchase and use identification scanners for use "o,,n all alcohol sales. (3) All employees at the time of the violation who may serve alcohol and continue their employ- ment with the licensee or permittee must be trained in training for intervention proce- dures (TIPS) or other training approved '.by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive the training within thirty (30) days of their hire date. (4) Use wristbands for patrons twenty one (21) years of age and older. (5) Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the chief of police. (6) Purchase, install, and use a system which scans photo identifications and records a photograph_ of ' the, identification 1 and the individual using the identification to secure entrance into the business, or other electronic system as approved by the chief of p0llccee.. i (7) Sdch other condi' tions =gas agreed upon between the licensee Prepared by: Crenna M. Brunnwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS, SECTION 4 -213-15 SUSPENSION AND REVOCATION GENERALLY; GROUNDS, SECTION 4 -213-16 SUSPENSION AND REVOCATION; SPECIFIC TERMS; AND SECTION 4 -213-17 APPEAL AND HEARING BY PROVIDING A NOTICE OF VIOLATION; OPPORTUNITY FOR SETTLEMENT OR HEARING WITH THE IOWA ALCOHOLIC BEVERAGES DIVISION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4 -213-15 of the City of Dubuque Code of Ordinances is amended to read as follows: 4- 213-15: SUSPENSION AND REVOCATION GENERALLY, GROUNDS: A. A license or permit issued under this chapter may be suspended or revoked or a civil penalty may be imposed on the licensee or permittee for any of the following: 2. Violation of any of the provisions of this chapter or Iowa Code Chapter 123. 7. The conviction of any liquor control licensee or wine or beer permittee for a violation of any of the provisions of this chapter is grounds for the suspension or revocation of the license or permit by the State of Iowa Alcoholic Beverages Division or the city. 8. If any liquor control licensee or wine or beer permittee is convicted of any violation of the Iowa Code, the liquor control license or wine or beer permit must be revoked and must be immediately surrendered by the holder and the bond of the licensee or permittee must be forfeited to the State of Iowa Alcoholic Beverages Division. B. A criminal conviction is not a prerequisite to suspension, revocation, or imposition of a civil penalty pursuant to this section. Section 2. Section 4 -213-16 of the City of Dubuque Code of Ordinances is amended to read as follows: 4- 213-16: SUSPENSION AND REVOCATION, NOTIFICATION, SPECIFIC TERMS A. If any licensee, wine or beer permittee, or an employee of such licensee or permittee is convicted of a violation of this chapter or chapter 123 of the code of Iowa, the city must notify the licensee, wine or beer permittee of the violation. B. The city manager and the city attorney may enter into an agreement with the licensee or permittee for the days for which a licensee or permittee may serve a suspension of a license or permit. C. The notice of violation must provide the licensee, wine or beer permittee a summary of the violation, the penalties, and the available options, which include admitting the violation and accepting assessment of a penalty as follows: 2. Second violation (within a period of 2 years): The licensee or permittee must pay a one thousand five hundred dollar ($1,500.00) civil penalty and serve a thirty (30) day suspension of the license or permit, however, in lieu of the fine and suspension, the licensee or permittee may: a. Pay a five thousand dollar ($5,000.00) civil penalty and serve a thirty (30) day suspension of which sixteen (16) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period. If there is a violation within the twelve (12) month probationary period, upon service of notice by the city, the sixteen (16) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police, or b. Pay a seven thousand five hundred dollar ($7,500.00) civil penalty and serve a thirty (30) day suspension of which twenty three (23) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period, together with two (2) of the following conditions selected by the licensee or permittee with the approval of the chief of police: (1) Terminate the employee who acted illegally. (2) Purchase and use identification scanners for use on all alcohol sales. (3) All employees at the time of the violation who may serve alcohol and continue their employment with the licensee or permittee must be trained in training for intervention procedures (TIPS) or other training approved by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive training within thirty (30) days of their hire date. (4) Use wristbands for patrons twenty one (21) years of age and older. (5) Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the chief of police. (6) Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the chief of police. (7) Such other conditions as agreed upon between the licensee or permittee and the chief of police. If there is a violation within the twelve (12) month period following a settlement agreement between the licensee or permittee and the city, upon service of notice by the city, the twenty three (23) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police. For purposes of the probationary period, the reinstatement of the suspension does not require a conviction, or C. Pay a fifteen thousand dollar ($15,000.00) civil penalty and serve a thirty (30) day suspension of which thirty (30) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period, together with three (3) of the following conditions selected by the licensee or permittee with the approval of the chief of police: (1) Terminate the employee who acted illegally. (2) Purchase and use identification scanners for use on all alcohol sales. (3) All employees at the time of the violation who may serve alcohol and continue their employment with the licensee or permittee must be trained in training for intervention procedures (TIPS) or other training approved by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive the training within thirty (30) days of their hire date. (4) Use wristbands for patrons twenty one (21) years of age and older. (5) Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the chief of police. (6) Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the chief of police. (7) Such other conditions as agreed upon between the licensee or permittee and the chief of police. If there is a violation within the twelve (12) month period following a settlement agreement between the licensee or permittee and the city, upon service of notice by the city, the thirty (30) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police. For purposes of the probationary period, the reinstatement of the suspension does not require a conviction. 3. Third violation (within a period of 2 years): The licensee or permittee must pay a one thousand five hundred dollar ($1,500.00) civil penalty and serve a sixty (60) day suspension of the license or permit, however, in lieu of the fine and suspension, the licensee or permittee may: a. Pay a fifteen thousand dollar ($15,000.00) civil penalty and serve a sixty (60) day suspension of which thirty (30) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period, together with the following conditions: (1) Terminate the employee who acted illegally. (2) Purchase and use identification scanners for use on all alcohol sales. (3) All employees at the time of the violation who may serve alcohol and continue their employment with the licensee or permittee must be trained in training for intervention procedures (TIPS) or other training approved by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive the training within thirty (30) days of their hire date. (4) Use wristbands for patrons twenty one (21) years of age and older. (5) Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the chief of police. (6) Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the chief of police. (7) Such other conditions as agreed upon between the licensee or permittee and the chief of police. If there is a violation within the twelve (12) month period following a settlement agreement between the licensee or permittee and the city, upon service of notice by the city, the thirty (30) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police. For purposes of the probationary period, the reinstatement of the suspension does not require a conviction. D. Any licensee, wine or beer permittee convicted of a violation of this chapter or chapter 123 of the code of Iowa, may contest the violation and request a hearing with the State of Iowa Alcoholic Beverages Division as provided in Chapter 123 of the Iowa Code. Section 3. Section 4 -213-17 of the City of Dubuque Code of Ordinances is amended to read as follows: MPAQIil/AayG1C71Q[5 The right to a hearing with the State of Iowa Alcoholic Beverages Division as provided in Chapter 123 of the Iowa Code shall be afforded a liquor control licensee, wine permittee, or beer permittee whose license or permit has been proposed for suspension, revocation, or denial. Section 4. This Ordinance takes effect on publication. Passed, approved, and adopted the day of 2012 Roy D. Buol, Mayor IG\iimi Kevin Firnstahl, City Clerk EFFECT OF AMENDMENT E IPAQ 1ib7GYIb9NoQ69[•]QIG1QI•l.14W11 NG\ I [•]Q[e]gQI:IVU1IA'/[d110191Q1035 44A. A license or permit issued under this chapter may be suspended or revoked or a civil penalty may be imposed on the licensee or permittee for any of the following: 2. Violation of any of the provisions of this chapter or Iowa Code Chapter 123. 7. The conviction of any liquor control licensee or wine or beer permittee for a violation of any of the provisions of this chapter is grounds for the suspension or revocation of the license or permit by the State of Iowa Alcoholic Beverages Division or the city. 8. If any liquor control licensee or wine or beer permittee is convicted of any violation of the Iowa Code, the liquor control license or wine or beer permit must be revoked and must be immediately surrendered by the holder and the bond of the licensee or permittee must be forfeited to the State of Iowa Alcoholic Beverages Division. However iF a i lini inr nnntrnl linnncnn n aRY'N OF hnnr n miHnn is intp-d of n nlati AR Of the nn.Jn Of In'.•n th@ lir,i Inr nn.hrnl li nn..nn n OF hnnr P m& m int be inked nnrl must be ed ately c nnrinrnrl by 8.n hQIdnr nnrl the hnnr) nF tV.n linnncnn OF P@FFA must by Fn.Fnitpd to the aIGQhnlin hnvnrnnnc rlivi ci nn RIf any licensee, wine or beer permittee, or an employee of such licensee or permittee is convicted of a violation of this chapter or chapter 123 of the code of Iowa, the city must notify the licensee, wine or beer permittee of the violation. B. The city manager and the city attorney may enter into an agreement with the licensee or permittee for the days for which a licensee or permittee may serve a suspension of a license or permit. C. The notice of violation must provide the licensee, wine or beer permittee a summary of the violation, the penalties, and the available options, which include admittina the violation and acceptina assessment of a penalty as follows: .- - - I Formatted: Indent: First line: 0" 2. Second violation (within a period of 2 years): The licensee or permittee-- Formatted: Indent: Lee: 0.5° must - a.----P-pay a one thousand five hundred dollar ($1,500.00) civil penalty and serve a thirty (30) day suspension of the license or permit, however, in lieu of the fine and suspension, the licensee or permittee may: 2_444 Pay a five thousand dollar ($5,000.00) civil penalty and serve a - -- Formatted: Indent: Lee: I° thirty (30) day suspension of which sixteen (16) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period. If there is a violation within the twelve (12) month probationary period, upon service of notice by the city, the sixteen (16) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police, or b. k24 Pay a seven thousand five hundred dollar ($7,500.00) civil penalty - - Formatted: Indent: Lee: I° and serve a thirty (30) day suspension of which twenty three (23) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period, together with two (2) of the following conditions selected by the licensee or permittee with the approval of the chief of police: (A1) Terminate the employee who acted illegally. - -- Formatted: Indent: Lee: 1.5° ( €2) Purchase and use identification scanners for use on all alcohol sales. (G3) All employees at the time of the violation who may serve• -- Formatted: Indent: Lee: 1s° alcohol and continue their employment with the licensee or permittee must be trained in training for intervention procedures (TIPS) or other training approved by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive training within thirty (30) days of their hire date. (S�) Use wristbands for patrons twenty one (21) years of age and older. ( €5) Hire staff to check the identification of all patrons as they - - - Formatted: Indent: Lee: 1s° enter the establishment for days of the week and hours as determined by the chief of police. ( €6) Purchase, install, and use a system which scans photo• -- Formatted: Indent: Lee: 1s° identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the chief of police. (67) Such other conditions as agreed upon between the licensee or permittee and the chief of police. • - - ' Formatted: Indent: Left: I" If there is a violation within the-the twelve (12) month prebateaary-period following a settlement agreement between the licensee or permittee and the city, upon service of notice by the city, the twenty three (23) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police. For purposes of the probationary period, the reinstatement of the suspension does not require a conviction, or 2.f3) Pay a fifteen thousand dollar ($15,000.00) civil penalty and serve a - -- Formatted: Indent: Lee: I" thirty (30) day suspension of which thirty (30) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period, together with three (3) of the following conditions selected by the licensee or permittee with the approval of the chief of police: (A1) Terminate the employee who acted illegally. t— Formatted: Indent: Lee: 1s° ( €2) Purchase and use identification scanners for use on all alcohol sales. (S2 All employees at the time of the violation who may serve alcohol and continue their employment with the licensee or permittee must be trained in training for intervention procedures (TIPS) or other training approved by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive the training within thirty (30) days of their hire date. (S�) Use wristbands for patrons twenty one (21) years of age and older. ( €5) Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the chief of police. ( €5) Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the chief of police. (67) Such other conditions as agreed upon between the licensee or permittee and the chief of police. • - - - j Formatted: Indent: Left: I" If there is a violation within the twelve (12) month period following a settlement agreement between the licensee or permittee and the city, upon service of notice by the city. If `h °r° ° @ 11 ^' @t ^^ Wth ^ `h° `'^I°'NQ (12) FAGRth probat near„ n ed of ROt no h„ 4V.o nifi' the thirty (30) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police. For purposes of the probationary period, the reinstatement of the suspension does not require a conviction. 3. Third violation (within a period of 2 years): The licensee or permittee must .- - - Formatted: Indent: Left: 0.5', First line: 0" a.----P-pay a one thousand five hundred dollar ($1,500.00) civil penalty and - -- Formatted: Indent: Lee: 0.5° serve a sixty (60) day suspension of the license or permit, however, in lieu of the fine and suspension, the licensee or permittee may: 2.k4 Pay a fifteen thousand dollar ($15,000.00) civil penalty and serve a - -- Formatted: Indent: Lee: I" sixty (60) day suspension of which thirty (30) days will be suspended, on the condition that the licensee or permittee receive no further violations for a twelve (12) consecutive month probationary period, together with the following conditions: (A1) Terminate the employee who acted illegally. (P2) Purchase and use identification scanners for use on all alcohol sales. t -- j Formatted: Indent: Left: 1.5' (S2 All employees at the time of the violation who may serve alcohol and continue their employment with the licensee or permittee must be trained in training for intervention procedures (TIPS) or other training approved by the city within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive the training within thirty (30) days of their hire date. (SA) Use wristbands for patrons twenty one (21) years of age and older. QE-) Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the chief of police. (if) Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the chief of police. (G7) Such other conditions as agreed upon between the licensee or permittee and the chief of police. If there is a violation within the twelve (12) month period following a settlement agreement between the licensee or permittee and the city, upon service of notice by the city. If `h °r° ° ^' @t ^^ Wth ^ `h° `'^'°'V° (12) .,AGRth prebat gRar„ p ed upeR SPWAR Af nn4ino h„ r�.o +„ the thirty (30) days which were suspended must be served by the licensee or permittee as agreed upon by the chief of police. For purposes of the probationary period, the reinstatement of the suspension does not require a conviction. t -' - Formatted: Indent: Left: I" D. Any licensee, wine or beer permittee convicted of a violation of this chapter or chapter 123 of the code of Iowa, may contest the violation and request a hearing with the State of Iowa Alcoholic Beverages Division as provided in Chapter 123 of the Iowa Code. 4- 2B -17: o AoT. �A�� AND HEARING: The right to a hearing with the State of Iowa Alcoholic Beverages Division as provided in Chapter 123 of the Iowa Code of appeal to the alGe el G 9 i@Fa9@ d dS OR he an R9 bA @Fd shall be afforded a liquor control licensee, wine permittee, or beer permittee whose license or permit has been proposed for -&uepeasuspension. 4@d- revocationked, or denialed. THE CITY OF SUB E Masterpiece on the Mississippi C /,e Al /U 4 MEMORANDUM CRENNA M. BRUMWEL , BSJ�v ASSISTANT CITY ATTO _EY G To: Michael C. Van Milligen City Manager DATE: July 31, 2012 RE: Contested Hearings for Liquor License Violations ��C�'n �f v I7 Mindframe Theaters at 555 JFK Road was cited on April 5, 2012 for a second offense of selling alcohol to a minor. A notice of violation was mailed on May 7, 2012 listing the civil penalty and options to resolve this violation. Mindframe Theaters has elected to proceed to a hearing in front of the City Council. At this time, we have two (2) options: 1. A hearing in front of the City Council, much like the one recently requested by Cookin' Something Up. 2. Refer the matter to the Iowa Alcoholic Beverages Division (ABD) for a hearing in front of an administrative law judge. If the matter is heard by the City Council and the business is found in violation, the civil penalty imposed is retained by the City. If the matter is referred to the ABD and the business is found in violation, the State of Iowa will retain the civil penalty. Since 2006, there have been less than five (5) hearings in front of the City Council. Chief Dalsing and I recommend that this matter, and all future contested cases, be referred to the ABD for handling. Please let me know if you need any further information. Thank you. cc: Mark Dalsing, Chief of Police OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL cbrumwel @cityofdubuque.org