Alcohol Compliance Penalty_Pizza HutMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Pizza Hut #4690
DATE: January 14, 2014
Dubuque
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AI- America City
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2007 • 2012 • 2013
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Pizza Hut #4690, 2075 John F. Kenney 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 13, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement — Pizza Hut #4690
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Pizza Hut #4690.
BACKGROUND
Pizza Hut #4690 has a liquor license for its establishment at 2075 John F. Kennedy
Road in the City of Dubuque. On November 25, 2013 the Dubuque Police Department
did an alcohol compliance check at Pizza Hut #4690 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. Pizza Hut #4690 has chosen a fourteen (14)
day suspension and has submitted their signed agreement. The dates of the
suspension are detailed in the attached agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Pizza Hut #4690 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 the Mayor's signature of the attached
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Alcohol Compliance - 1st Violation
RE: Pizza Hut #4690
2075 John F Kennedy Road
Dubuque, IA 52002
NPC International, Inc.
720 West 20th Street
Pittsburg, KS 66762
I, Ma 4' ta {ei6 , on behalf of Pizza Hut #4690, hereby knowingly and
voluntarily acknow edge that:
a) Pizza Hut #4690 received the notice regarding the above referenced case.
b) Pizza Hut #4690 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are .
true and correct.
c) Pizza Hut #4690 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Pizza Hut #4690 understands that this penalty 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.
Pizza Hut #4690 has a liquor license for 2075 John F Kennedy Road. Violation of the
liquor license occurred as follows:
Violation Date
Violation Type Violation Number
November 25, 2013 Alcohol Violation 18' Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Pizza Hut #4690 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, Pizza Hut #4690 chooses the following penalty:
Five hundred dollar ($500.00) fine
s' Fourteen (14) day liquor license suspension
The suspension of the liquor license must be served as follows:
Saturday, February 1, 2014 — Friday, February 14, 2014
Total: Fourteen (14) days
Pizza Hut #4690
Atm kiod
Signature Signature
&t 4iiets
Name -- Please Print
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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 suspension of the liquor license be served as outlined.
Attest:
PASSED AND APPROVED this 2lstday of January
er
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di'*Affi1 %` % %A15M
Trish Gt4ason, Assistant CI Clerk
Kevin S. Firnstahl, City Clerk
(9
,2014
David T. esnick, Mayor Pro Tem
Roy D. Buol, Mayor