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Alcohol Compliance_Dubuque Quick Stop MartMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Dubuque Quick Stop Mart 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 Dubuque Quick Stop Mart, 1401 Central 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- Dubuque Quick Stop Mart Dubuque had All- America City ' I I' 2007 INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Dubuque Quick Stop Mart. BACKGROUND Dubuque Quick Stop Mart has a liquor license for its establishment at 1401 Central Avenue in the City of Dubuque. On March 20, 2012 the Dubuque Police Department did an alcohol compliance check at Dubuque Quick Stop Mart 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. Dubuque Quick Stop Mart 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. Dubuque Quick Stop Mart 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: Dubuque Quick Stop Mart LLC 1401 Central Avenue Dubuque, IA 52001 Dubuque Quick Stop Mart LLC 1401 Central Avenue Dubuque, IA 52001 I WA5 $ N"1 F 41"-On behalf of Dubuque Quick Stop Mart LLG, hereby knowingly and voluntarily acknowledge that: a) Dubuque Quick Stop Mart LLC received the Notice of Hearing regarding the above referenced case. b) Dubuque Quick Stop Mart LLC admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) • Dubuque Quick Stop Mart LLG waives a public hearing and submits to the statutory penalties prescribed by law. d) Dubuque Quick Stop Mart LLC 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. Dubuque Quick Stop Mart LLG has a liquor license for 1401 Central Avenue. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number March 20, 2012 Alcohol Violation 16t Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Dubuque Quick Stop Mart LLC 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, Dubuque Quick Stop Mart LLC chooses one of the following penalties: ttr' Five hundred dollar ($500.00) fine a Fourteen (14) day liquor license suspension Dubuque Quick Stop Mart LLC YV (\g ao l Name — Please Print �J1ff� Date 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 public hearing, the City of Dubuque City Council hereby orders that the foregoing civil penalty has been remitted by Dubuque Quick Stop Mart LW to the City of Dubuque -- City Clerk's Office, PASSED AND APPROVED this 4th day of March Attest: ,4 Ad AtAMMOwr Key' irnstahl, Ci y CO"– Signature ie- ,2013 . f-D - €fuel —Ma Kevin J. Lynch Mayor Pro Tem