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