Alcohol Compliance Violation_Ron's Discount Smokes & BeverageTHE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
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2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Ron's Discount Smokes & Beverage Center
DATE: September 8, 2014
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Ron's Discount Smokes & Beverage Center, 1691 Asbury
Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
7.-
Mic ael C. Van Milligen
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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
September 5, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement — Ron's Discount Smokes & Beverage Center
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Ron's Discount Smokes & Beverage Center.
BACKGROUND
Ron's Discount Smokes & Beverage Center has a liquor license for its establishment at
1691 Asbury Road in the City of Dubuque. On May 30, 2013 and June 24, 2014 the
Dubuque Police Department did alcohol compliance checks at the business and
employees 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. Ron's Discount Smokes & Beverage Center
has agreed to pay a $1,500 fine for a second violation and serve a thirty (30) day
suspension of their liquor license. The dates of the suspension are detailed in the
attached Acknowledgment/Settlement Agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Ron's Discount Smokes & Beverage Center 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 — 2nd Violation
RE: Ron's Discount Smokes & RKM, LLC
Beverage Center 6141 Forest Hills Drive
1450 Loras Blvd. Dubuque, IA 52002
Dubuque, IA 52001 .•
•
•
I, RCN tI,Sf M , on behalf of Ron's Discount Smokes & Beverage
Center, hereby knowingly and voluntarily acknowledge that:
a) Ron's Discount Smokes & Beverage Center received the notice regarding
the above referenced case.
b) Ron's Discount Smokes & Beverage Center admits that the facts and
allegations contained in the Complaint, which is attached hereto and
incorporated herein by reference, are true and correct.
c) Ron's Discount Smokes & Beverage Center waives a hearing and submits
to the statutory penalties prescribed by law.
d) Ron's Discount Smokes & Beverage Center understands that this penalty
will count as an official "Second 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.
Ron's Discount Smokes & Beverage Center has a liquor license for 1450 Loras
Boulevard. Violations of the liquor license occurred as follows:
Violation Date
May 30, 2013
June 24, 2014
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1st Violation
2nd Violation
At this time, Ron's Discount Smokes & Beverage Center has one (1) alcohol violation
pending. Under the foregoing Iowa Code and City of Dubuque Code of Ordinances
provisions, Ron's Discount Smokes & Beverage Center is subject to a civil penalty and
a suspension of the liquor license.
In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-
2B-16, Ron's Discount Smokes & Beverage Center accepts the penalties for a Second
Violation — Alcohol Compliance and chooses the following option:
Please choose one (1) of the following options:
Option #1
✓ One thousand five hundred dollar ($1,500) fine
✓ Thirty (30) day suspension of the license
❑ Option #2
✓ Five thousand dollar ($5,000) fine
✓ Fourteen (14) day suspension of the license
(Thirty (30) day suspension with sixteen (16) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
o Option #3
✓ Seven thousand five hundred dollar ($7,500) fine
✓ Seven (7) day suspension of the license
(Thirty (30) day suspension with twenty three (23) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Two (2) of the following (please choose two):
o Terminate the employee who acted illegally
o Purchase and use identification scanners for use on all alcohol sales
o All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive training within thirty (30) days of their hire
date
o Use wristbands for patrons twenty-one (21) years of age and older
o Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
o Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
❑ Option #4
✓ Fifteen thousand dollar ($15,000) fine
✓ Zero (0) day suspension of the license
(Thirty (30) day suspension with thirty (30) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Three (3) of the following (please choose three):
o Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
o All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive the training within thirty (30) days of their hire
date
o Use wristbands for patrons twenty-one (21) years of age and older
o Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
o Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
*If there is a violation within the probationary period, the days which were suspended must be served.
Initials:
Date:
The suspension of the liquor license must be served as follows:
Monday, September 22, 2014 through and including Tuesday, October 21, 2013
Total: Thirty (30) days
Ron's Discount Smokes & Beverage Center
Signature
Ro..n
Name — Please Print Name — Please Print
u55N.liU
Signature
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 Ron's Discount Smokes & Beverage Center,
and suspension of the liquor license be served as outlined.
PASSED AND APPROVED this,/day of
Attest:
20�
Roy D. Bug Mayor