Loading...
Alcohol Compliance Violation_Awn Stop Mart, Inc.Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - AWN Stop Mart, Inc. DATE: February 21, 2014 Dubuque band AI- America City 1 2007 • 2012 • 2013 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with AWN Stop Mart, Inc., 1998 Jackson Street. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Mark Dalsing, Chief of Police THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi February 18, 2014 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement — AWN Stop Mart, Inc. INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and AWN Stop Mart, Inc. BACKGROUND AWN Stop Mart, Inc. has a liquor license for its establishment at 1998 Jackson Street in the City of Dubuque. On November 12, 2013 the Dubuque Police Department did an alcohol compliance check at AWN Stop Mart, Inc. 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. AWN Stop Mart, Inc. has chosen a five hundred dollar ($500.00) fine and has submitted their payment. CONCLUSION & RECOMMENDATION In accordance with Council directive, City staff has developed a penalty schedule for violators. AWN Stop Mart, Inc. 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 ACM\ OWL EDGMEAT /SCA T T LEMENT AGREEMENT MoohM CCormpHanco — 1st Voo11at on RE: AWN Stop Mart, Inc. 1998 Jackson Street Dubuque, IA 62001 AWN Stop Mart, Inc. 1998 Jackson Street Dubuque, IA 52001 1, Waseem Serwar , on behalf of AWN Stop Mart, Inc., hereby knowingly and voluntarily acknowledge that: a) AWN Stop Mart, Inc. received the notice regarding the above referenced case. b) AWN Stop Mart, Inc. admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) AWN Stop Mart, Inc. waives a hearing and submits to the statutory penalties prescribed by law. d) AWN Stop Mart, Inc. 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. AWN Stop Mart, Inc. has a liquor license for 1998 Jackson Street. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number November 12, 2013 Alcohol Violation 1St Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, AWN Stop Mart, Inc. 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 §4s 2B -16, AWN Stop Mart, Inc. chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension AWN Stop Mart, Inc. Signature Signature \AA-sE_m - Name — Please Print Name — Please Print o/7/f i 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 AWN Stop Mart, Inc. to the City of Dubuque — Police Department. PASSED AND APPROVED thi6i day of /7 J1t1d , 207. o� Roy D. Bi, Mayor Attest: A�-/moi%' Kevfi irnstahl, City erk