Alcohol Compliance Violation_Phillips 66/Arby'sTHE 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 - Phillips 66/Arby's
DATE: June 9, 2014
Dubuque
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2007 • 2012 • 2013
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Phillips 66/Arby's, 10 South Main Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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
June 5, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Da'sing
Chief of Police
RE: Settlement Agreement — Phillips 66/Arby's
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Phillips 66/Arby's.
BACKGROUND
Phillips 66/Arby's has a liquor license for its establishment at 10 South Main Street in
the City of Dubuque. On March 31, 2014 the Dubuque Police Department did an alcohol
compliance check at Phillips 66/Arby's 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. Phillips 66/Arby's has chosen a five hundred
dollar ($500.00) fine and has submitted their signed agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Phillips 66/Arby's 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 — 1st Violation
RE: Phillips 66/Arby's Liberty Station, LLC
10 South Main •PO Box 207
Dubuque, IA 52003 •Dubuque, IA 52004-0207.
I, Brian Enke , on behalf of Phillips 66/Arby's, hereby knowingly and
voluntarily acknowledge that:
a) Phillips 66/Arby's received the notice regarding the above referenced
case.
b) Phillips 66/Arby's admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Phillips 66/Arby's waives a hearing and submits to the statutory penalties
prescribed by law.
d) Phillips 66/Arby's 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.
Phillips 66/Arby's has a liquor license for 10 South Main. Violation of the liquor license
occurred as follows:
Violation Date Violation Type Violation Number
March 31, 2014 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Phillips 66/Arby's 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, Phillips 66/Arby's chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Phillips 66/Arby's
Signature Signature
Brian Enke
Name — Please Print Name — Please Print
5/28/14
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 Phillips 66/Arby's to the City
of Dubuque — Police Department.
PASSED AND APPROVED this/ day of , 20%
Roy D. Buof7IV1ayor
Attest: