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Alcohol Compliance Civil Penalty for Alcohol License Holder— Pizza Hut #4691ACKNOWLEDGMENT/SETTLEMENT AGREEMENT Alcohol Compliance — 2nd Violation RE: Pizza Hut #4691 320 East 20th Street Dubuque, IA 52001 NPC International, Inc. 720 West 20th Street Pittsburg, KS 66762 tel' (Sp(e/rS , on behalf of Pizza Hut #4691, hereby knowingly and voluntarily acknowledge that: a) Pizza Hut #4691 received the notice regarding the above referenced case. b) Pizza Hut #4691 admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Pizza Hut #4691 waives a hearing and submits to the statutory penalties prescribed by law. d) Pizza Hut #4691 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. Pizza Hut #4691 has a liquor license for 320 East 20th Street. Violations of the liquor license occurred as follows: Violation Date February 17, 2015 September 22, 2015 Violation Type Alcohol Violation Alcohol Violation Violation Number 1st Violation 2nd Violation At this time, Pizza Hut #4691 has one (1) alcohol violation pending. Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Pizza Hut #4691 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, Pizza Hut #4691 accepts the penalties for a Second Violation — Alcohol Compliance and chooses the following option: V Option #1 ✓ One thousand five hundred dollar ($1,500) fine ✓ Thirty (30) day suspension of the license Please choose one (1) of the following options: ❑ 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 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 • • ❑ 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 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 tf .ere is a violation within the probationary period, the days which were suspended must be served. Initials: NW Date: 1H0.15 The suspension of the liquor license must be served as follows: Tuesday, December 8, 2015 through and including Thursday, January 7, 2016 Total: Thirty (30) days Pizza Hut #4691 „kat& *Qv Signature Signature rLa, SpAse Name - Please Print Name — Please Print /I•/©»/5 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 Pizza Hut #4691 on or before November 30, 2015 and suspension of the liquor license be served as outlined. PASSED AND APPROVED this 7th day of December Attest: Kevi Firnstahl, C{ ' Clerk ,2015 ei;IVI-ayor Lynn V. Sutton, Mayor Pro -Tem Copyright 2014 City of Dubuque Consent Items # 35. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Pizza Hut SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Pizza Hut #4691 , 320 East 20th Street. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Pizza Hut 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 — Pizza Hut#4691 DATE: November 29, 2015 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Pizza Hut #4691. 1 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 November 18, 2015 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement— Pizza Hut #4691 INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Pizza Hut #4691 . BACKGROUND Pizza Hut#4691 has a liquor license for its establishment at 320 East 20th Street in the City of Dubuque. On February 27, 2015 and September 22, 2015 the Dubuque Police Department did an alcohol compliance check at Pizza Hut#4691 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. Pizza Hut#4691 has chosen to pay a $1 ,500 fine for a second violation and has submitted payment to the Police Department. They will also be serving a thirty (30) day suspension of their liquor license. 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. Pizza Hut #4691 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 IIII ACKNOWLEDGMENUSETTLEMENT AGREEMENT Alcohol Compliance — 2"1 Violation RE: Pizza Hut#4691 NPC International, Inc. 320 East 20th Street 720 West 20th Street Dubuque, IA 52001 Pittsburg, KS 66762 I, GUV 101 SiOlP.fs on behalf of Pizza Hut #4691, hereby knowingly and voluntarily acknowledge that: I a) Pizza Hut#4691 received the notice regarding the above referenced case. b) Pizza Hut #4691 admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Pizza Hut #4691 waives a hearing and submits to the statutory penalties prescribed by law. d) Pizza Hut #4691 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. Pizza Hut #4691 has a liquor license for 320 East 20th Street. Violations of the liquor license occurred as follows: Violation Date Violation Type Violation Number February 17, 2015 Alcohol Violation 1St Violation September 22, 2015 Alcohol Violation 2nd Violation At this time, Pizza Hut #4691 has one (1) alcohol violation pending. Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Pizza Hut #4691 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, Pizza Hut #4691 accepts the penalties for a Second Violation — Alcohol Compliance and chooses the following option: i 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 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 *If4tiere is a violation within the probationary period, the days which were suspended must be served. Ihitials: 1110 Date: 11x1015 ! The suspension of the liquor license must be served as follows: Tuesday, December 8, 2015 through and including Thursday, January 7, 2016 Total: Thirty (30) days I Pizza Hut#4691 v'uLwWil 4 W Signature Signature /1/lA r(A SitW 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 be remitted by Pizza Hut #4691 on or before November 30, 2015 and suspension of the liquor license be served as outlined. PASSED AND APPROVED this day of 20 Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk ' I