Alcohol Compliance Civil Penalty for Alcohol License - Diamond Jo CasinoTHE 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 - Diamond Jo Casino
DATE: August 26, 2014
Dubuque
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2007 • 2012 • 2013
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Diamond Jo Casino, 301 Bell 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
August 12, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Da'sing
Chief of Police
RE: Settlement Agreement — Diamond Jo Casino
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Diamond Jo Casino.
BACKGROUND
Diamond Jo Casino has a liquor license for its establishment at 301 Bell Street in the
City of Dubuque. On June 10, 2014 the Dubuque Police Department did an alcohol
compliance check at Diamond Jo Casino 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. Diamond Jo Casino 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. Diamond Jo Casino 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 -151 Violation
RE: Diamond Jo Casino
301 Bell Street
Dubuque, IA 52001
Diamond Jo, LLC
301 Bell Street
Dubuque, IA 52001
I, OWL/ £2, e , on behalf of Diamond Jo Casino, hereby knowingly
and voluntarily acknowledge that:
a) Diamond Jo Casino received the notice regarding the above referenced
case.
b) Diamond Jo Casino admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Diamond Jo Casino waives a hearing and submits to the statutory
penalties prescribed by law.
d) Diamond Jo Casino 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.
Diamond Jo Casino has a liquor license for 301 Bell Street. Violation of the liquor
license occurred as follows:
Violation Date
June 10, 2014
Violation Type Violation Number
Alcohol Violation 15f Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Diamond Jo Casino 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-
23-16, Diamond Jo Casino chooses one of the following penalties:
Five hundred dollar ($500.00) fine
Fourteen (14) day liquor license suspension
Diamond Jo Casino
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Signature
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NOTE: This must be signed by an individual alcohol licensee, or in the case of another business entity,; by
individuals) 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 Diamond Jo Casino to the
City of Dubuque - Police Department:
PASSED AND APPROVED this 2nd day of September 2014
Roy D. Buol,layor
Attest:
Kevin Fimstahi, City Clprk
Trish L. Gleason, Assistant City Clerk