Alcohol Compliance Violation_Oky Doky #8 FoodsTHE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
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AI -America City
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2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Alcohol Compliance Settlement Agreement - Oky Doky #8 Foods
DATE: June 30, 2014
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Oky Doky #8 Foods, 535 Hill Street, for a first violation of
the alcohol sales ordinance.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
bd-144 c,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DUB TE MEMORANDUM
Masterpiece on the Mississippi
June 25, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement — Oky Doky #8 Foods
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Oky Doky #8 Foods.
BACKGROUND
Oky Doky #8 Foods has a liquor license for its establishment at 535 Hill Street in the
City of Dubuque. On April 29, 2014 the Dubuque Police Department did an alcohol
compliance check at Oky Doky #8 Foods 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. Oky Doky #8 Foods 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. Oky Doky #8 Foods 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: Oky Doky #8 Foods •Hill Street Plaza, Inc.
535 Hill Street, Suite A •535 Hill Street, Suite A
Dubuque, IA 52001 •Dubuque, IA 52001
I, S
herr, , on behalf of Oky Doky #8 Foods, hereby knowingly
Y
and voluntarily acknowledge that:
a) Oky Doky #8 Foods received the notice regarding the above referenced
case.
b) Oky Doky #8 Foods admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Oky Doky #8 Foods waives a hearing and submits to the statutory
penalties prescribed by law.
d) Oky Doky #8 Foods 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.
Oky Doky #8 Foods has a liquor license for 535 Hill Street. Violation of the liquor license
occurred as follows:
Violation Date Violation Type Violation Number
April 29, 2014 Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Oky Doky #8 Foods 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, Oky Doky #8 Foods chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Okv ' • kv #8 Foods
Rap,
Signature Signature
Ylr‘ e-eY
Name — Please Print Name — Please Print
(a Ji/-/
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 Oky Doky #8 Foods to the
City of Dubuque — Police Department.
PASSED AND APPROVED this .'qday of , 20t
Roy D. B
Attest:
Kevin F nstahl, City Cler '
Mayor