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Alcohol Compliance Violation_Oky Doky #1THE 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, Oky Doky #1 DATE: July 14, 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 Oky Doky #1, 250 W. 1st 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 July 14, 2014 TO: Michael C. Van Milligen City Manager FR: Mark M. Da'sing Chief of Police RE: Settlement Agreement — Oky Doky #1 INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Oky Doky #1. BACKGROUND Oky Doky #1 has a liquor license for its establishment at 250 West 1st Street in the City of Dubuque. On April 29, 2014 the Dubuque Police Department did an alcohol compliance check at Oky Doky #1 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 #1 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 #1 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 #1 250 W 1st Street Dubuque, IA 52001 TFM Co. PO Box 300 Dubuque, IA 52004-0300 I, IL u -A- on behalf of Oky Doky #1, hereby knowingly and voluntarily acknowledge that: a) Oky Doky #1 received the notice regarding the above referenced case. b) Oky Doky #1 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 #1 waives a hearing and submits to the statutory penalties prescribed by law. d) Oky Doky #1 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 #1 has a liquor license for 250 W 1st 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 #1 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 #1 chooses one of the following penalties: Five hundred dollar ($500.00) fine o Fourteen (14) day liquor license suspension Okv Dokv #1 ) \Le\LD Signature Signature Name — Please Print Date Name — Please Print 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 #1 to the City of Dubuque — Police Department. PASSED AND APPROVED thigh day of Attest: Kevin Fir tahl, City C erk ki Roy D. Bu./ Mayor