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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: