Alcohol Compliance Penalty_Beecher BeverageMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Beecher Beverage
DATE: January 14, 2014
Dubuque
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AI- America City
1
2007 • 2012 • 2013
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Beecher Beverage, 1691 Asbury Road.
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
January 10, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement — Beecher Beverage
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Beecher Beverage.
BACKGROUND
Beecher Beverage has a liquor license for its establishment at 1691 Asbury Road in the
City of Dubuque. On September 26, 2012 and September 24, 2013 the Dubuque Police
Department did alcohol compliance checks at the business and employees 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. Beecher Beverage has agreed to pay a
$5,000 fine for a second violation and serve a thirty (30) day suspension of their liquor
license, with sixteen (16) days suspended. The remaining fourteen (14) suspension
dates and payment information are detailed in the attached settlement agreement.
Additionally the agreement places them under a 12 -month probationary period.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Beecher Beverage 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 2nd Violation
RE: Beecher Beverage
1691 Asbury Road
Dubuque, IA 52001
Beecher Co Inc
1691 Asbury Road
Dubuque, IA 52001
I, ail eeG/jCIN , on behalf of Beecher Beverage, hereby knowingly
and vo) arily acknowledge that:
a) Beecher Beverage received the notice regarding the above referenced
case.
b) Beecher Beverage admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Beecher Beverage waives a hearing and submits to the statutory penalties
prescribed by law.
d) Beecher Beverage 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.
Beecher Beverage has a liquor license for 1691 Asbury Road. Violations of the liquor
license occurred as follows:
Violation Date
September 26, 2012
September 24, 2013
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1St Violation
2nd Violation
At this time, Beecher Beverage has one (1) alcohol violation pending. Under the
foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Beecher
Beverage 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, Beecher Beverage accepts the penalties for a Second Violation -- Alcohol
Compliance and chooses the following option:
Please choose one (1) of the following options:
❑ Option #1
✓ One thousand five hundred dollar ($1,500) fine
✓ Thirty (30) day suspension of the license
K Option #2
✓ Five thousand dollar ($5,000) fine
✓ Fourteen (1 4) 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
a 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):
o 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
o 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
n 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: l
The suspension of the liquor license must be served as follows:
Monday, February 3, 2014 — Sunday, February 9, 2014
Sunday, February 16, 2014 — Monday, February 17, 2014
Sunday, February 23, 2014 -- Monday, February 24, 2014
Sunday, March 2, 2014 — Monday, March 3, 2014
Sunday, March 9, 2014
Total:
The parties understand that this Agreement pertains to the retail operation
operation for Beecher Beverage is not affected.
Beecher Beverage
Name -- PI�
e Print
Xtie
D/- 9 -zoig
Seven (7) Days
Two (2) Days
Two (2) Days
Two (2) Days
One (1) Day
Fourteen (14) Days
only. The wholesale
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 be remitted by Beecher Beverage on or before Friday, March 7,
2014 and suspension of the liquor license be served as outlined.
PASSED AND APPROVED this 21stday of January , 20 14 .
David T„ esnick, Mayor Pro Tem
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
The suspension of the liquor license must be served as follows:
Monday, February 3, 2014 — Sunday, February 9, 2014
Sunday, February 16, 2014 — Monday, February 17, 2014
Sunday, February 23, 2014 -- Monday, February 24, 2014
Sunday, March 2, 2014 -- Monday, March 3, 2014
Sunday, March 9, 2014
Total:
The parties understand that this Agreement pertains to the retail operation
operation for Beecher Beverage is not affected.
Beecher Beverage
Name -- PI
e Print
f- -2, /g
Date
Seven (7) Days
Two (2) Days
Two (2) Days
Two (2) Days
One (1) Day
Fourteen (14) Days
only. The wholesale
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 be remitted by Beecher Beverage on or before Friday, March 7,
2014 and suspension of the liquor license be served as outlined.
PASSED AND APPROVED this day of , 20
David T. Resnick, Mayor Pro Tenn
Attest:
Trish Gleason, Assistant City Clerk