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
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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