Alcohol Compliance Violation_Casey's General Store #2421 Copyright 2014
City of Dubuque Consent Items # 17.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Casey's General Store #2421
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Casey's General Store#2421,
4003 Peru Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Casey's Alcohol Compliance Settlement Agreement- City Manager Memo
MVM 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 — Casey's General Store #2421
DATE: January 25, 2016
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Casey's General Store #2421, 4003 Peru Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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
January 22, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Casey's General Store #2421
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Casey's General Store #2421.
BACKGROUND
Casey's General Store #2421 has a liquor license for its establishment at 4003 Peru
Road in the City of Dubuque. On November 20, 2015 the Dubuque Police Department
did an alcohol compliance check at Casey's General Store #2421 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. Casey's General Store #2421 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. Casey's General Store #2421 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: Casey's General Store #2421
4003 Peru Road
Dubuque, IA 52001
Casey's Marketing
PO Box 3001
Ankeny, IA 50021-8045
I,l. ai ` j 4 ii 6 , on behalf of Casey's General
knowingly and voluntarily acknowledge that:
a) Casey's General Store #2421 received the notice
referenced case.
b) Casey's General Store #2421 admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
Store
#2421, hereby
c) Casey's General Store #2421 waives a hearing and submits to the
statutory penalties prescribed by laws
d) Casey's General Store #2421 understands that this violation will count a
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.
Casey's General Store #2421 has a liquor license for 4003 Peru Road
liquor license occurred as follows:
Violation Date
November 20, 2015
Violation Type Violation Number
Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Casey's General Store #2421 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, Casey's General Store #2421 chooses one of the following penalties:
X Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Casey's General Store #2421
ehife . ,ma+ -van ,
Name — Please Print
Signature
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 has been remitted by Casey's General Store
#2421 to the City of Dubuque — Police Department.
PASSED AND APPROVED this 1st day of February 2016
Attest:
Kevin Eir stahl, Cify
Roy D. Bu, Mayor