Alcohol Compliance Settlement_Beecher BeverageMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Beecher Beverage
DATE: December 26, 2012
Dubuque
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All- America City
II 111!
2012
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Beecher Beverage, 1691 Asbury Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/),2t
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 CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Mark M. Dalsing, Chief of Police
DATE: December 26,2012
SUBJECT: Settlement Agreement- Beecher Beverage
Dubuque
had
All-America City
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2007
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Beecher Beverage.
BACKGROUND
Beecher Beverage has a liquor license for its establishment at 1691 Asbury Road in the City of Dubuque. On September 26,
2012 the Dubuque Police Department did an alcohol compliance check at Beecher Beverage 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.
Beecher Beverage has chosen a five hundred dollar ($500.00) fine and has submitted their signed agreement.
RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for violators. Beecher Beverage 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 M. Dalsing
cc:
Crenna Brumwell
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Alcohol Compliance — 1st Violation
RE: Beecher Beverage
1691 Asbury Road
Dubuque, IA 52001
•
• Beecher Co Inc
1691 Asbury Road
• Dubuque, IA 52001
an
.,f%',_ j , on behalf of Beecher Beverage, hereby knowingly
volunta`rily acknowledge that:
a) Beecher Beverage received the Notice of Hearing regarding the above
referenced case.
b) Beecher Beverage admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Beecher Beverage waives a public hearing and submits to the statutory
penalties prescribed by law.
d) Beecher Beverage 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.
Beecher Beverage has a liquor license for 1491 Asbury Road. Violation of the liquor
license occurred as follows:
Violation Date Violation Type Violation Number
September 26, 2012 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Beecher Beverage 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, Beecher Beverage chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Beecher Beverage
?signature Signature
X
ame — Please Print
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 Beecher Beverage to
the City of Dubuque — Police Department.
PASSED AND APPROVED this 22nd day of January
Ala/
Attest:
Kevi i Fi nstahl, it
, 2013 .
Roy D. Buol, yor