Alcohol Compliance Violation_Plaza 20 BP/AmocoTHE 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 - Plaza 20 BP/Amoco
DATE: May 23, 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 Plaza 20 BP/Amoco, 2600 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
May 20, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement — Plaza 20 BP/Amoco
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Plaza 20 BP/Amoco.
BACKGROUND
Plaza 20 BP/Amoco has a liquor license for its establishment at 2600 Dodge Street in
the City of Dubuque. On November 13, 2012 and March 18, 2014 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. Plaza 20 BP/Amoco has agreed to pay a
$1,500 fine for a second violation and serve a thirty (30) day suspension of their liquor
license. The suspension dates and payment information are detailed in the attached
settlement agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Plaza 20 BP/Amoco 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: Plaza 20 BP/Amoco
2600 Dodge Street
Dubuque, IA 52003
"R" Future, Inc.
6141 Forest Hills Drive
Dubuque, IA 52002
14 ne-di , on behalf of Plaza 20 BP/Amoco, hereby knowingly
and voluntarily acknowledge tha{:
a) Plaza 20 BP/Amoco received the notice regarding the above referenced
case.
b) Plaza 20 BP/Amoco admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Plaza 20 BP/Amoco waives a hearing and submits to the statutory
penalties prescribed by law.
d) Plaza 20 BP/Amoco 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.
Plaza 20 BP/Amoco has a liquor license for 2600 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, Plaza 20 BP/Amoco has one (1) alcohol violation pending. Under the
foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Plaza 20
BP/Amoco 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, Plaza 20 BP/Amoco 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
1 Thirty (30) day suspension of the license
❑ Option #2
1 Five thousand dollar ($5,000) fine
1 Fourteen (14) day suspension of the license
(Thirty (30) day suspension with sixteen (16) days suspended)
1 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)
1 No further violations for a twelve (12) consecutive month probationary period*
1 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
o 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
o Option #4
✓ Fifteen thousand dollar ($15,000) fine
✓ Zero (0) day suspension of the license
(Thirty (30) day suspension with thirty (30) days suspended)
1 No further violations for a twelve (12) consecutive month probationary period*
1 Three (3) of the following (please choose three):
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 the training within thirty (30) days of their hire
date
o 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
*If there is a violation within the probationary period, the days hich were suspended must be served.
Initials: Date: [ 3`
The suspension of the liquor license must be served as follows:
Tuesday, June 3, 2014 - Wednesday, June 18, 2014
Sunday, June 22, 2014 — Wednesday, June 25, 2014
Sunday, June 29, 2014 — Wednesday, July 2, 2014
Sunday, July 6, 2014 — Tuesday, July 8, 2014
Sunday, July 13, 2014 — Tuesday, July 15, 2014
Total:
Plaza 20 BP/Amoco
iIiik'J
Signature , Signature
1
Sixteen (16) Days
Four (4) Days
Four (4) Days
Three (3) Days
Three (3) Days
Thirty (30) Days
Name — Please Print Name — Please Print
s-13
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 Plaza 20 BP/Amoco and suspension of the
liquor license be served as outlined.
PASSED AND APPROVED this /day of
Attest:
Kevin Fi .ta , City C
+(-4,
Roy D. ol, Mayor