Alcohol Compliance_HyVee Store #2Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Hy -Vee #2
DATE: February 7, 2013
Dubuque
kital
All- America City
II 111!
2012
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Hy -Vee #2, 2395 Northwest Arterial.
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: February 1, 2013
SUBJECT: Settlement Agreement- Hy -Vee #2
Dubuque
had
All-America City
' 11'
2007
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Hy -Vee #2.
BACKGROUND
Hy -Vee #2 has a liquor license for its establishment at 2395 Northwest Arterial in the City of Dubuque. On November 20,
2012 the Dubuque Police Department did an alcohol compliance check at Hy -Vee #2 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.
Hy -Vee #2 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. Hy -Vee #2 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: Hy -Vee #2
2395 NW Arterial
Dubuque, IA 52002
Hy -Vee, Inc.
5820 Westown Pkwy
West Des Moines, IA 50266
1, Stephen Meyer , on behalf of Hy -Vee #2, hereby knowingly and
voluntarily acknowledge that:
a) Hy -Vee #2 received the notice regarding the above referenced case.
b) Hy -Vee #2 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Hy -Vee #2 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Hy -Vee #2 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.
Hy -Vee #2 has a liquor license for 2395 NW Arterial. Violation of the liquor license
occurred as follows:
Violation Date Violation Type Violation Number
November 20, 2012 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Hy -Vee #2 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, Hy -Vee #2 chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Hv -Vee #2
Signa
Stephen Meyer
Signature
Name — Please Print Name — Please Print
Executive Vice President
January 30, 2 01 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 Hy -Vee #2 to the City of
Dubuque — Police Department.
PASSED AND APPROVED this/eiday of �3.
Roy D. Buhl, Mayor
Attest: