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Alcohol Complilance Violation_Ron's Discount Smokes & Beverage CenterMasterpiece on the Mississippi Dubuque band AI- America City 11111r 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Ron's Discount Smokes & Beverages Center DATE: August 13, 2013 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Ron's Discount Smokes & Beverages Center at 1450 Loras Boulevard. 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 DUB TE MEMORANDUM Masterpiece on the Mississippi August 13, 2013 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement — Ron's Discount Smokes & Beverages Center INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Ron's Discount Smokes & Beverages Center. BACKGROUND Ron's Discount Smokes & Beverages Center has a liquor license for its establishment at 1450 Loras Boulevard in the City of Dubuque. On May 30, 2013 the Dubuque Police Department did an alcohol compliance check at Ron's Discount Smokes & Beverages Center and an employee sold alcohol to underage youth compliance monitors. City Council has directed that staff work with license and permit holders to serve suspensions & penalties in a flexible way. Ron's Discount Smokes & Beverages Center has chosen a five hundred dollar ($500.00) fine and has submitted their signed agreement. CONCLUSION & RECOMMENDATION In accordance with Council directive, City staff has developed a penalty schedule for violators. Ron's Discount Smokes & Beverages Center 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 REQUESTED City Manager review, City Council approval, and Mayor Buol signature of the attached Acknowledgment/Settlement Agreement. cc: Crenna Brumwell 1 ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Alcohol Compliance — 1st Violation RE: Ron's Discount Smokes & Beverages Center 1450 Loras Blvd. Dubuque, IA 52001 RKM, LLC 6141 Forest Hills Dr. Dubuque, IA 52002 I, Welly 14414sse, t j , on behalf of Ron's Discount Smokes & Beverages Center, hereby knowingly and voluntarily acknowledge that: a) Ron's Discount Smokes & Beverages Center received the notice regarding the above referenced case. b) Ron's Discount Smokes & Beverages Center admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Ron's Discount Smokes & Beverages Center waives a hearing and submits to the statutory penalties prescribed by law. d) Ron's Discount Smokes & Beverages Center 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. Ron's Discount Smokes & Beverages Center has a liquor license for 1450 Loras Blvd. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number May 30, 2013 Alcohol Violation 1St Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Ron's Discount Smokes & Beverages Center 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, Ron's Discount Smokes & Beverages Center chooses one of the following penalties: X. Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Ron's Discount Smokes & Beverages Center Signature Signature kepi/ 44 v0Set/ Name — Please Print Name — Please Print y/a 7P3 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 Ron's Discount Smokes & Beverages Center to the City of Dubuque//— Police Department. PASSED AND APPROVED this /9day of 4,w4 , 20 /9 . Roy B I, Mayor Attest: Kevi Firnstahl, CI y Clerk