Alcohol Compliance Civil Penalty for Alcohol License Holder_AWN Stop Mart Copyright 2014
City of Dubuque Consent Items # 14.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holders - AWN Stop
Mart
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for AWN Stop Mart, 1998
Jackson Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ AWN Stop Mart Inc Alcohol Compliance Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Copy Staff Memo
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - AWN Stop Mart, Inc.
DATE: October 23, 2014
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with AWN Stop Mart, Inc., 1998 Jackson 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 E MEMORANDUM
Masterpiece on the Mississippi
October 22, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— AWN Stop Mart, Inc.
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and AWN Stop Mart, Inc.
BACKGROUND
AWN Stop Mart, Inc. has a liquor license for its establishment at 1998 Jackson Street in
the City of Dubuque. On November 12, 2013 and May 9, 2014, the Dubuque Police
Department did an alcohol compliance check at AWN Stop Mart, Inc. 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. AWN Stop Mart, Inc. was presented with penalty options which
include license suspension, fines, or a combination of suspension and fines. AWN Stop
Mart, Inc. has chosen the option to pay a $1 ,500 fine and serve a thirty (30) day
suspension. 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. AWN Stop Mart, Inc. 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
AcknowledgmentlSettlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance — 2nd Violation
RE: AWN Stop Mart
1998 Jackson Street
Dubuque, IA 52001
AWN Stop Mart, Inc.
1998 Jackson Street
Dubuque, IA 52001
I, \MMp-5\ SI ' , on behalf of AWN Stop Mart, hereby knowingly and
voluntarily acknowledge that:
a) AWN Stop Mart received the notice regarding the above referenced case.
b) AWN Stop Mart admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) AWN Stop Mart waives a hearing and submits to the statutory penalties
prescribed by law.
d) AWN Stop Mart 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.
AWN Stop Mart has a liquor license for 1998 Jackson Street. Violations of the liquor
license occurred as follows:
Violation Date
November 12, 2013
May 9, 2014
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1st Violation
2nd Violation
At this time, AWN Stop Mart has one (1) alcohol violation pending. Under the foregoing
Iowa Code and City of Dubuque Code of Ordinances provisions, AWN Stop Mart 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, AWN Stop Mart accepts the penalties for a Second Violation — Alcohol
Compliance and chooses the following option:
Please choose one (1) of the following options:
tE� Option #1
✓ One thousand five hundred dollar ($1,500) fine
✓ Thirty (30) day suspension of the license
o 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
❑ 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
❑ 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
o 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
o 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
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
❑ 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.
Initials:
Date: (0/
The suspension of the liquor license must be served as follows:
Wednesday, November 12, 2014 — Tuesday, November 25, 2014 Fourteen (14) Days
Sunday, November 30, 2014 — Tuesday, December 2, 2014 Three (3) Days
Sunday, December 7, 2014 — Wednesday, December 10, 2014 Four (4) Days
Sunday, December 14, 2014 — Tuesday, December 16, 2014 Three (3) Days
Sunday, December 21, 2014 — Tuesday, December 23, 2014 Three (3) Days
Sunday, December 28, 2014 — Tuesday, December 30, 2014 Three (3) days
Total: Thirty (30) Days
AWN Stop Mart
,je ,'egt--,
Signature Signature
e.A) A-Sfeirrt
'W
Name — Please Print Name — Please Print
1_1— '4 -
Date 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 be remitted by AWN Stop Mart on or before December 30, 2014 and
suspension of the liquor license be served as outlined.
PASSED AND APPROVED this 3rd day of November , 20 14 .
Karla A. Braig, Mayor Pro Tem
Attest:
Ke'n Firnstahl, Cty Ie'rk