Alcohol Compliance Violation_Kwik Star #495THE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Kwik Star #495
DATE: April 11, 2014
Dubuque
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2007 • 2012 • 2013
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Kwik Star #495, 2685 Dodge Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
brilvt4 .,
Mic ael 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
April 8, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement — Kwik Star #495
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Kwik Star #495.
BACKGROUND
Kwik Star #495 has a liquor license for its establishment at 2685 Dodge Street in the
City of Dubuque. On November 13, 2012 and March 18, 2014 the Dubuque Police
Department did an alcohol compliance check at Kwik Star #495 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, and a penalty schedule was developed with
options for violators. Kwik Star #495 was presented with penalty options which include
license suspension, fines, or a combination of suspension and fines. Kwik Star #495
has chosen the option to pay a $15,000 fine and serve no license suspension.
Additionally the agreement places them under a 12 -month probationary period, requires
them to use ID scanners, provide Training for Intervention Procedures (TIPS) training
for employees, and the establishment will do documented internal compliance checks at
a rate of two checks per month and provide written proof of the compliance checks to
the City of Dubuque Police Department.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Kwik Star #495 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.
1
ACTION REQUESTED
City Manager review, City Council approval, and the Mayor's signature of the attached
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
2
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance — 2"d Violation
RE: Kwik Star #495
2685 Dodge Street
Dubuque, IA 52003
Kwik Trip, Inc.
1626 Oak Street
La Crosse, WI 54602
Donald P. Z i e t 1 o w , on behalf of Kwik Star #495, hereby knowingly and
voluntarily acknowledge that:
a) Kwik Star #495 received the notice regarding the above referenced case.
b) Kwik Star #495 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Kwik Star #495 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Kwik Star #495 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.
Kwik Star #495 has a liquor license for 2685 Dodge Street. Violations of the liquor
license occurred as follows:
Violation Date
November 13, 2012
March 18, 2014
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1st Violation
2nd Violation
At this time, Kwik Star #495 has one (1) alcohol violation pending. Under the foregoing
Iowa Code and City of Dubuque Code of Ordinances provisions, Kwik Star #495 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, Kwik Star #495 accepts the penalties for a Second Violation — Alcohol
Compliance and chooses the following option:
Please choose one (1) of the following options:
is O•tion #1
✓ One thousand five hundred dollar ($1,500) fine
✓ Thirty (30) day suspension of the license
o Option #2
✓ Five thousand dollar ($5,000) fine
✓ Fourteen (14) 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):
o Terminate the employee who acted illegally
o Purchase and use identification scanners for use on all alcohol sales
o 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
❑ Use wristbands for patrons twenty-one (21) years of age and older
o 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
o 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
o 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*
✓ The following three (3) conditions:
o Use identification scanners for use on all alcohol sales
o All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures within six (6) months
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 Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police: Kwik Star, Inc. will continue performing internal compliance checks twice per
month and provide written proof of the compliance checks to the City of Dubuque Police
Department
*If there is a violation within the probationary period, the days which were suspended must be served.
Initials:
Date: 1-3-P77
Kwik Star #495
/AL/
Signature Signature
Donald P. Zietlow
Name — Please Print Name — Please Print
April 3, 2014
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 be remitted by Kwik Star #495 within forty-five (45) days of City
Council acceptance and conditions as outlined and approved by the Chief of Police be
complied by.
PASSED AND APPROVED thisJ?y of
Attest:
Kevi Firnstahl, City (Jerk
ILJ
Roy D. B , Mayor