Alcohol Compliance Civil Penalty for Alcohol License Holder - Hartig Drug Copyright 2014
City of Dubuque Consent Items # 18.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Hartig Drug
Company
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Hartig Drug Company
#4, 2225 Central Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Hartig Drug#4 Alcohol Compliance Settlement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Copy Supporting Documentation
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 — Hartig Drug Company #4
DATE: October 22, 2015
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Hartig Drug Company #4, 2225 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 21 , 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Hartig Drug Company #4
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Hartig Drug Company #4.
BACKGROUND
Hartig Drug Company #4 has a liquor license for its establishment at 2225 Central
Avenue in the City of Dubuque. On August 18, 2015 the Dubuque Police Department
did an alcohol compliance check at Hartig Drug Company #4 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. Hartig Drug Company #4 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. Hartig Drug Company #4 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: Hartig Drug Company #4
2225 Central Avenue
Dubuque, IA 52001
Hartig Drug Company, Inc.
PO Box 709
Dubuque, IA 52004-0709
1,-- e , on behalf of Hartig Drug Company #4, hereby
knowingly and voluntarily acknowledge that:
a) Hartig Drug Company #4 received the notice regarding the above
referenced case.
b) Hartig Drug Company #4 admits that the facts and allegations contained in
the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Hartig Drug Company #4 waives a hearing and submits to the statutory
penalties prescribed by law.
d) Hartig Drug Company #4 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.
Hartig Drug Company #4 has a liquor license for 2225 Central Avenue. Violation of the
liquor license occurred as follows:
Violation Date
August 18, 2015
Violation Type Violation Number
Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Hartig Drug Company #4 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, Hartig Drug Company #4 chooses one of the following penalties:
d Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Hartiq Drug Company #4
Meyrol
Name — Please Print
Date
Signature
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.
THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Hartig Drug Company #4 to
the City of Dubuque — Police Department.
PASSED AND APPROVED this f day of
Attest:
Kevin(i'nstahl, City
41104 -if ,20
Roy D. Bji bl, Mayor