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