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Alcohol Compliance_Plaza 20 BP/AmocoMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Plaza 20 BP /Amoco DATE: January 24, 2013 Dubuque kital All- America City II 111! 2012 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Plaza 20 BP /Amoco. 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 22, 2013 SUBJECT: Settlement Agreement- Plaza 20 BP/Amoco Dubuque had All-America City ' 11' 2007 INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Plaza 20 BP/Amoco. BACKGROUND Plaza 20 BP/Amoco has a liquor license for its establishment at 2600 Dodge Street in the City of Dubuque. On November 13, 2012 the Dubuque Police Department did an alcohol compliance check at Plaza20 BP/Amoco 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. Plaza 20 BP/Amoco 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. Plaza 20 BP/Amoco 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 Dalsing cc: Crenna Brumwell ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Alcohol Compliance — 1st Violation RE: Plaza 20 BP /Amoco 2600 Dodge Street Dubuque, IA 52003 • • . "R "Future, Inc. • . 6141 Forest Hills Drive • . Dubuque, IA 52002 • 0414-5S'P_hi , on behalf of Plaza 20 BP /Amoco, hereby knowingly and voluntarily acknowledge that: a) Plaza 20 BP /Amoco received the notice regarding the above referenced case. b) Plaza 20 BP /Amoco admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Plaza 20 BP /Amoco waives a hearing and submits to the statutory penalties prescribed by law. d) Plaza 20 BP /Amoco 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. Plaza 20 BP /Amoco has a liquor license for 2600 Dodge Street. Violation of the liquor license occurred as follows: Violation Date Violation Type November 13, 2012 Alcohol Violation Violation Number 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Plaza 20 BP /Amoco 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, Plaza 20 BP /Amoco chooses one of the following penalties: • Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Plaza 20 BP /Amoco Signature AoficLaiti Signature N /4/ a-55'61-h / Name - Prease Print Name - Please Print 1/1///3 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 hearing, the City of Dubuque City Council hereby orders that the foregoing civil penalty has been remitted by Plaza 20 BP /Amoco to the City of Dubuque — Police Department. PASSED AND APPROVED this 4thday of February , 2013 0 Li Roy D. B , Mayor Attest: