Alcohol Compliance_Casey's General Store #2421Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Casey's General Store #2421
DATE: January 17, 2013
Dubuque
kital
All- America City
II 111!
2012
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Casey's General Store #2421.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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: January 17, 2013
SUBJECT: Settlement Agreement- Casey's General Store #2421
Dubuque
had
All-America City
' 11'
2007
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Casey's General Store #2421.
BACKGROUND
Casey's General Store #2421 has a liquor license for its establishment at 4003 Peru Road in the City of Dubuque. On
November 9, 2012 the Dubuque Police Department did an alcohol compliance check at Casey's General Store #2421 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.
Casey's General Store #2421 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. Casey's General Store #2421
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 Dalsing
cc:
Crenna Brumwell
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Alcohol Compliance — 1st Violation
RE: Casey's General Store #2421
4003 Peru Road
Dubuque, IA 52001
• Casey's Marketing Company
• PO Box 3001
• Ankeny, IA 50021 -8045
•
I, 010 ,Y>✓ . Ma.- ---Q,n , on behalf of Casey's General Store #2421, hereby
knowingly and voluntarily acknowledge that:
a) Casey's General Store #2421 received the notice regarding the above
referenced case.
b) Casey's General Store #2421 admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Casey's General Store #2421 waives a hearing and submits to the
statutory penalties prescribed by law.
d) Casey's General Store #2421 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.
Casey's General Store #2421 has a liquor license for 4002 Peru Road. Violation of the
liquor license occurred as follows:
Violation Date Violation Type . Violation Number
November 9, 2012 - Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Casey's General Store #2421 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, Casey's General Store #2421 chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Casey's General Store #2421
Signature
C lOre, Q . yf
Name — Please Print
3
Date
Signature
Gm, Lebo] OotaiCej
J 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 hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Casey's General Store
#2421 to the City of Dubuque — Police Department.
PASSED AND APPROVED this 4th day of February
Attest:
Ke n irnstahl, ity
, 2013 .
0
Roy D.'Buo Mayor