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Alcohol Compliance Civil Penalty_Hartig Drug, Co. Copyright 2014 City of Dubuque Consent Items # 22. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Hartig Drug Co. SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Hartig Drug Co., 2255 John F. Kennedy Road. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Hartig Drug Alcohol Compliance Agreement-MVM City Manager Memo 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 — Hartig Drug Company DATE: July 25, 2016 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Hartig Drug Company, 2255 JFK 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 July 19, 2016 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement— Hartig Drug Company INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Hartig Drug Company. BACKGROUND Hartig Drug Company has a liquor license for its establishment at 2255 JFK Road in the City of Dubuque. On April 26, 2016 the Dubuque Police Department did an alcohol compliance check at Hartig Drug Company 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 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 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 Co. 2255 JFK Road Dubuque, IA 52001 Hartig Drug Company PO Box 709 Dubuque, IA 52004 dll60"7 -e°L'y/' voluntarily acknowledge that: , on behalf of Hartig Drug Co., hereby knowingly and a) Hartig Drug Co. received the notice regarding the above referenced case. b) Hartig Drug Co. 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 Co. waives a hearing and submits to the statutory penalties prescribed by law. d) Hartig Drug Co. 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 Co. has a liquor license for 2255 JFK Road. Violation of the liquor license occurred as follows: Violation Date April 26, 2016 Violation Type Violation Number Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Hartig Drug Co. 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 Co. chooses one of the following penalties: r Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Hartig Drug Co. he 6. 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 Co. to the City of Dubuque — Police Department. PASSED AND APPROVED this day of Attest: Kevin. irnstahl, Ci :erk Roy D. Buol Mayor