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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 band AI -America City r 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: