Alcohol Compliance Civil Penalty for Alcohol License Holders — Extreme PubCopyright 2014
City of Dubuque Consent Items # 21.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holders — Extreme
Pub
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Exxtreme Pub, 1701
Central Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Exxtreme Pub Alcohol Compliance Agreement -MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Copy Staff Memo
THE 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-Exxtreme Pub
DATE: October 13, 2014
Dubuque
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AI -America City
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2007 • 2012 • 2013
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Exxtreme Pub, 1701 Central Avenue.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
bd-t44 ,,,,,
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
October 9, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement — Exxtreme Pub
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Exxtreme Pub.
BACKGROUND
Exxtreme Pub has a liquor license for its establishment at 1701 Central Avenue in the
City of Dubuque. On September 14, 2012 and July 25, 2014 the Dubuque Police
Department did an alcohol compliance check at Exxtreme Pub 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, and a penalty schedule was developed with
options for violators. Exxtreme Pub was presented with penalty options which include
license suspension, fines, or a combination of suspension and fines. Exxtreme Pub has
chosen the option to pay a $5,000 fine and serve a thirty (30) day suspension with
sixteen (16) days suspended. The suspension dates are detailed in the attached
settlement agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Exxtreme Pub 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 the Mayor's signature of the attached
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance — 2nd Violation
RE: Exxtreme Pub
1701 Central Avenue
Dubuque, IA 52001
Jessica Keuter
2623 Broadway Street
Dubuque, IA 52001
9/ca,, , on behalf of Exxtreme Pub, hereby knowingly and
voluntarily acknowledge that:
a) Exxtreme Pub received the notice regarding the above referenced case.
b) Exxtreme Pub admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Exxtreme Pub waives a hearing and submits to the statutory penalties
prescribed by law.
d) Exxtreme Pub 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.
Exxtreme Pub has a liquor license for 1701 Central Avenue. Violations of the liquor
license occurred as follows:
Violation Date
September 14, 2012
July 25, 2014
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1st Violation
2nd Violation
At this time, Exxtreme Pub has one (1) alcohol violation pending. Under the foregoing
Iowa Code and City of Dubuque Code of Ordinances provisions, Exxtreme Pub 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, Exxtreme Pub 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*
❑ 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):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ 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
❑ Use wristbands for patrons twenty-one (21) years of age and older
❑ 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
❑ 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):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ 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
d ate
❑ Use wristbands for patrons twenty-one (21) years of age and older
❑ 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
❑ 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.
IA/ rr/v6 5
Initials: `1,14,, Date: io/.7/,
The suspension of the liquor license must be served as follows:
Monday, November 10, 2014 — Tuesday, November 11, 2014
Thursday, November 27, 2014 — Wednesday, December 3, 2014
Wednesday, December 24, 2014 — Thursday, December 25, 2014
Monday, January 5, 2015 — Wednesday, January 7, 2015
Total:
Exxtreme Pub
/A1)1)6/et'
gnatui e
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.
FbC- 4
Two (2) days
Seven (7) days
Two (2) days
Three (3) days
Fourteen (14) Days
Name — Please Print
Date
THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby orders that
the foregoing civil penalty be remitted by Exxtreme Pub on or before January 7, 2015 and
suspension of the liquor license be served as outlined.
PASSED AND APPROVED this day of
Attest:
Kevin lei. stahl, Cit CI»ik'
Roy D. Bu 5) Mayor