Alcohol Compliance_Steve's Ace Home & GardenMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Steve's Ace Home & Garden
DATE: January 24, 2013
Dubuque
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Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Steve's Ace Home & Garden.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
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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 24, 2013
SUBJECT: Settlement Agreement - Steve's Ace Home &Garden
Dubuque
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All-America City
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INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Steve's Ace Home &Garden.
BACKGROUND
Steve's Ace Home &Garden has a liquor license for its establishment at 3350 JFK Road in the City of Dubuque. On January
31, 2012 and September 26, 2012 the Dubuque Police Department did an alcohol compliance check at Steve's Ace Home &
Garden 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.
Steve's Ace Home &Garden has chosen to pay a 51 500 fine for a second violation. They will also be serving a thirty @0]
day suspension of their liquor license. The suspension dates and payment information is detailed in the attached settlement
agreement.
RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for violators. Steve's Ace Home & Garden
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 - 2" Violation
RE: Steve's Ace Home & Garden
3350 JFK
Dubuque, IA 52002
•
Steve's Ace Hardware Inc.
3350 JFK
Dubuque, IA 52002
n behalf of Steve's Ace Home & Garden, hereby
knowingl ' and voluntarily acknowledge that:
a) Steve's Ace Home & Garden received the notice regarding the above
referenced case.
b) Steve's Ace Home & Garden admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Steve's Ace Home & Garden waives a hearing and submits to the
statutory penalties prescribed by law.
d) Steve's Ace Home & Garden understands that this penalty will count as an
official "Second 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.
Steve's Ace Home & Garden has a liquor license for 3350 JFK. Violations of the liquor
license occurred as follows:
Violation Date
January 31, 2012
September 26, 2012
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1st Violation
2nd Violation
At this time, Steve's Ace Home & Garden has one (1) alcohol violation pending. Under
the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Steve's
Ace Home & Garden is subject to a civil penalty and a suspension of the liquor license.
In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-
2B-16, Steve's Ace Home & Garden accepts the penalties for a Second Violation —
Alcohol Compliance and chooses the following option:
Please choose one (1) of the following options:
Option #1
✓ One thousand five hundred dollar ($1,500) fine
✓ Thirty (30) day suspension of the license
❑ Option #2
✓ Five thousand dollar ($5,000) fine
✓ Fourteen (14) day suspension of the license
(Thirty (30) day suspension with sixteen (16) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
❑ Option #3
✓ Seven thousand five hundred dollar ($7,500) fine
✓ Seven (7) day suspension of the license
(Thirty (30) day suspension with twenty three (23) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Two (2) of the following (please choose two):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty -one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
❑ Option #4
✓ Fifteen thousand dollar ($15,000) fine
✓ Zero (0) day suspension of the license
(Thirty (30) day suspension with thirty (30) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Three (3) of the following (please choose three):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive the training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty -one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
*If there is a violation within the probationary period, the days which were suspended must be served.
Initials:
Date: / 9--13
The suspension of the liquor license must be served as follows:
Sunday, February 17, 2013 through and including Monday, March 18, 2013
Total: Thirty (30) days
Steve's Ace Home & Garden
Signatur Signature
l�cQ c, e.V+-
Name — Please rint Name — Please Print
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 be remitted by Steve's Ace Home & Garden on or before Monday,
March 18, 2013 and suspension of the liquor license be served as outlined.
PASSED AND APPROVED this 4th day of February
,2013
L,e
Roy D. BuOJ, Mayor
Attest: