Alcohol Compliance_Kwik StopMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Kwik Stop
DATE: February 7, 2013
Dubuque
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All- America City
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2012
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Kwik Stop, 4110 Dodge Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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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 11, 2013
SUBJECT: Settlement Agreement- Kwik Stop
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 Kwik Stop.
BACKGROUND
Kwik Stop has a liquor license for its establishment at 4110 Dodge Street in the City of Dubuque. On August 11, 2011 and
November 13,2012 the Dubuque Police Department did an alcohol compliance check at Kwik Stop 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 Stop has chosen to pay a 51 500 fine for a second violation and has submitted payment to the Police Department. They
will also be serving a thirty (30) day suspension of their liquor license. The suspension dates are detailed in the attached
settlement agreement.
RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for violators. Kwik Stop 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 — 2nd Violation
RE: Kwik Stop
4110 Dodge Street
Dubuque, IA 52002
Rainbo Oil Company
2255 Kerper Blvd.
Dubuque, IA 52001
I, V/// / /in i " , on behalf of Kwik Stop, hereby knowingly and
voluntarily ackno ledge that:
a) Kwik Stop received the notice regarding the above referenced case.
b) Kwik Stop 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 Stop waives a hearing and submits to the statutory penalties
prescribed by law.
d), Kwik Stop 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.
Kwik Stop has a liquor license for 4110 Dodge Street. Violations of the liquor license
occurred as follows:
Violation Date
August 11, 2011
November 13, 2012
Violation Type .
Alcohol Violation
Alcohol Violation
Violation Number
1st Violation
2 "d Violation
At this time, Kwik Stop has one (1) alcohol violation pending. Under the foregoing Iowa
Code and City of Dubuque Code of Ordinances provisions, Kwik Stop 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, Kwik Stop accepts the penalties for a Second Violation — Alcohol Compliance
and chooses the following option:
Please choose one (1) of the following options:
Oon #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: of /i g
The suspension of the liquor license must be served as follows:
Tuesday, February 19, 2013 through and including Thursday, March 21, 2013
Total: Thirty (30) days
Kwik Stop
11///
Name — Please Print
Date
/10
Signature
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 Kwik Stop and suspension of the liquor license
be served as outlined.
PASSED AND APPROVED this day of. i/ �t� 20 /5
Attest:
Ke
in
irnstahl, City
Roy D. Buoy, Mayor