Alcohol Compliance Violation_Happy Joe's Pizza ParlorTHE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
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All- America City
II 111!
2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Happy Joe's Old Fashioned Ice Cream & Pizza
Parlor
DATE: February 7, 2013
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Happy Joe's Old Fashioned Ice Cream & Pizza Parlor, 855
Century Drive.
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: February 28, 2013
SUBJECT: Settlement Agreement- Happy Joe's Old Fashioned Ice Cream & Pizza Parlor
Dubuque
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All-America City
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2007
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Happy Joe's Old Fashioned Ice
Cream &Pizza Parlor.
BACKGROUND
Happy Joe's Old Fashioned Ice Cream & Pizza Parlor has a liquor license for its establishment at 855 Century Drive in the
City of Dubuque. On January 10,2013 the Dubuque Police Department did an alcohol compliance check at Happy Joe's Old
Fashioned Ice Cream &Pizza Parlor 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.
Happy Joe's Old Fashioned Ice Cream & Pizza Parlor 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. Happy Joe's Old Fashioned
Ice Cream &Pizza Parlor 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: Happy Joe's OId Fashioned Ice
Cream & Pizza Parlor
855 Century Drive
Dubuque, IA 52002
J & P O'Hara, Inc.
855 Century Drive
Dubuque, IA 52002
I, Pk (/4D , on behalf of Happy Joe's OId Fashioned Ice Cream &
Pizza Parlor, hereby knowingly and voluntarily acknowledge that:
a) Happy Joe's Old Fashioned Ice Cream & Pizza Parlor received the notice
regarding the above referenced case.
b) Happy Joe's Old Fashioned Ice Cream & Pizza Parlor admits that the
facts and allegations contained in the Complaint, which is attached hereto and
incorporated herein by reference, are true and correct.
c) Happy Joe's Old Fashioned Ice Cream & Pizza Parlor waives a hearing
and submits to the statutory penalties prescribed by law.
d) Happy Joe's OId Fashioned Ice Cream & Pizza Parlor 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.
Happy Joe's OId Fashioned Ice Cream & Pizza Parlor has a liquor license for 855
Century Drive. Violation of the liquor license occurred as follows:
Violation Date Violation Type Violation Number
January 10, 2013 Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Happy Joe's Old Fashioned Ice Cream & Pizza Parlor 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, Happy Joe's OId Fashioned Ice Cream & Pizza Parlor chooses one of the
following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Happy Joe's Old Fashioned Ice Cream & Pizza Parlor
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Signature Signature
A. Phut' ,qow►E+2
Name — Please Print Name — Please Print
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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 Happy Joe's Old Fashioned
Ice Cream & Pizza Parlor to the City of Dubuque — Police Department.
PASSED AND APPROVED this 18thday of March
Attest:
Ke in Firnstahl, Ci
Clerk
D /�
Roy D. Buff; Mayor
,2013