Alcohol Compliance_Clark Gas StationMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Clark Gas Station
DATE: February 7, 2013
Dubuque
kital
All- America City
II h/
2012
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Clark Gas Station, 700 Rhomberg Avenue.
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 21, 2012
SUBJECT: Settlement Agreement- Clark Gas Station
Dubuque
had
All- America City
' I I'
2007
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Clark Gas Station.
BACKGROUND
Clark Gas Station has a liquor license for its establishment at 700 Rhomberg Avenue in the City of Dubuque. On November
9, 2012 the Dubuque Police Department did an alcohol compliance check at Clark Gas Station 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.
Clark Gas Station 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. Clark Gas Station 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: Clark Gas Station
700 Rhomberg Avenue
Dubuque, IA 52001
Clark Petroleum, Inc.
700 Rhomberg Avenue
Dubuque, IA 52001
I, FPk -
voluntarily acknowledge that:
a) Clark Gas Station
case.
, on behalf of Clark Gas Station, hereby knowingly and
received the notice regarding the above referenced
b) Clark Gas Station admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Clark Gas Station waives a hearing and submits to the statutory penalties
prescribed by law.
d) Clark Gas Station 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.
Clark Gas Station has a liquor license for 700 Rhomberg Avenue. 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,
Clark Gas Station 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, Clark Gas Station chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Clark Gas Station
n
Sig ture Signature
tMER, FARona
Name — Please Print
0l /06/13
Date
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 must be remitted by Clark Gas Station on or
before Thursday, February 28, 2013 to the City of Dubuque - Police Department.
PASSED AND APPROVED this 4th day of March
Attest:
Kevi
Firnstahl, C
ty
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R r- D:- Bttol, -P�geY
Kevin J. Lynch, Mayor Pro Tem
,2013 .