Alcohol Compliance Violation_Chocolaterie Stam Copyright 2014
City of Dubuque Consent Items # 22.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Chocolaterie Stam
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Chocolaterie Stam, 269 Main
Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Chocolaterie Stam Alcohol Compliance 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 — Chocolaterie Stam Dubuque
DATE: March 28, 2016
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Chocolaterie Stam Dubuque, 269 Main Street.
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
March 22, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Chocolaterie Stam Dubuque
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Chocolaterie Stam Dubuque.
BACKGROUND
Chocolaterie Stam Dubuque has a liquor license for its establishment at 269 Main
Street in the City of Dubuque. On February 12, 2016 the Dubuque Police Department
did an alcohol compliance check at Chocolaterie Stam Dubuque 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. Chocolaterie Stam Dubuque has chosen a
fourteen 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. Chocolaterie Stam Dubuque 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: Chocolaterie Stam Dubuque
269 Main Street
Dubuque, IA 52001
Z&Z LLC
269 Main Street
Dubuque, IA 52001
I,AN t('ftb , on behalf of Chocolaterie Stam Dubuque, hereby
knowingly and voluntarily acknowledge that:
a) Chocolaterie Stam Dubuque received the notice regarding the above
referenced case.
b) Chocolaterie Stam admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Chocolaterie Stam waives a hearing and submits to the statutory penalties
prescribed by law.
d) Chocolaterie Stam understands that this penalty 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.
Chocolaterie Stam has a liquor license for 269 Main Street. Violation of the liquor
license occurred as follows:
Violation Date
Violation Type Violation Number
February 12, 2016 Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Chocolaterie Stam Dubuque 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, Chocolaterie Stam Dubuque chooses the following penalty:
❑ Five hundred dollar ($500.00) fine
Fourteen (14) day liquor license suspension
The suspension of the liquor license must be served as follows:
Tuesday, April 5, 2016 through and including Monday, April 18, 2016
Total: Fourteen (14) days
Chocolaterie Stam Dubuque
SignatufeJ f; 7,% Signature
c
Name — Please Print
3/1(0 162
Date
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 suspension of the liquor license be served as outlined.
PASSED AND APPROVED this �/ day of , 20//
Roy D. Buol/layor
Attest:
KevinLFirnstahl, City C4 vk