Alcohol Compliance Civil Penalty for Alcohol License Holder_Dubuque Quick Stop Copyright 2014
City of Dubuque Consent Items # 18.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holders - Dubuque
Quick Stop Mart
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Dubuque Quick Stop
Mart, 1401 Central Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Dubuque Quick Stop Mart 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 - Dubuque Quick Stop Mart
DATE: October 23, 2014
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Dubuque Quick Stop Mart, 1401 Central Avenue.
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— Dubuque Quick Stop Mart
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Dubuque Quick Stop Mart.
BACKGROUND
Dubuque Quick Stop Mart has a liquor license for its establishment at 1401 Central
Avenue in the City of Dubuque. On June 13, 2014 the Dubuque Police Department did
an alcohol compliance check at Dubuque Quick Stop Mart 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. Dubuque Quick Stop Mart 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. Dubuque Quick Stop Mart 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 — 1st Violation
RE: Dubuque Quick Stop Mart
1401 Central Avenue
Dubuque, IA 52001
Dubuque Quick Stop Mart LLC
1401 Central Avenue
Dubuque, IA 52001
I, / S f u,V # , on behalf of Dubuque Quick Stop Mart, hereby
knowingly and voluntarily acknowledge that:
a) Dubuque Quick Stop Mart received the notice regarding the above
referenced case.
b) Dubuque Quick 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) Dubuque Quick Stop Mart waives a hearing and submits to the statutory
penalties prescribed by law.
d) Dubuque Quick Stop Mart 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.
Dubuque Quick Stop Mart has a liquor license for 1401 Central Avenue. Violation of the
liquor license occurred as follows:
Violation Date Violation Type Violation Number
June 13, 2014 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Dubuque Quick Stop Mart 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, Dubuque Quick Stop Mart chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Dubuque Quick Stop Mart
jahCeirk\ Fr
Signature Signature
Name — Please Print Name — Please Print
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 will be remitted by Dubuque Quick Stop Mart to
the City of Dubuque — Police Department on or before December 30, 2014.
PASSED AND APPROVED this 3rd day of November , 2014
Karla A. Braig, Mayor Pro Tem
Attest: