Alcohol Compliance Settlement_Kwik Start #495Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Kwik Star #495
DATE: December 26, 2012
Dubuque
kital
All- America City
II 111!
2012
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Kwik Star #495, 2685 Dodge Street.
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 - Kwik Star #495
Dubuque
had
All-America City
' 11'
2007
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Kwik Star #495.
BACKGROUND
Kwik Star #495 has a liquor license for its establishment at 2685 Dodge Street in the City of Dubuque. On November 13,
2012 the Dubuque Police Department did an alcohol compliance check at Kwik Star#495 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.
Kwik Star #495 has chosen a fide 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. Kwik Star #495 was provided
the schedule and selected their choice of penalty. 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: Kwik Star #495
2685 Dodge Street
Dubuque, IA 52003
Kwik Trip, Inc.
1626 Oak Street
LaCrosse, WI 54602
Donald P. Zietlow , on behalf of Kwik Star #495, hereby knowingly and
voluntarily acknowledge that:
a) Kwik Star #495 received the Notice of Hearing regarding the above
referenced case.
b) Kwik Star #495 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Kwik Star #495 waives a public hearing and submits to the statutory
penalties prescribed by law.
d) Kwik Star #495 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.
Kwik Star #495 has a liquor license for 2685 Dodge Street. Violation of the liquor license
occurred as follows:
Violation Date Violation Type . Violation Number
November 13, 2012 Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Kwik Star #495 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, Kwik Star #495 chooses one of the following penalties:
X Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Kwik Star #495
Signature Signature
Donald P. Zietlow
Name — Please Print Name — Please Print
December 20, 2012
Date 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 Kwik Star #495 to
the City of Dubuque — Police Department.
PASSED AND APPROVED this 22nd day of January , 20 13
Roy D. Buo)7Mayor
Attest: