Alcohol Compliance Civil Penalty for Chances R Copyright 2014
City of Dubuque Consent Items # 19.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Chances R
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Chances R, 1046 Central Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Chances R Alcohol Compliance Settlement Agreement- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
THE CITY OF Dubuque
DUB E 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— Chances R
DATE: August 4, 2016
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Chances R, 1046 Central Avenue.
I 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
July 29, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Chances R
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Chances R.
BACKGROUND
Chances R has a liquor license for its establishment at 1046 Central Avenue in the City
of Dubuque. On May 6, 2016 the Dubuque Police Department did an alcohol
compliance check at Chances R 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. Chances R 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. Chances R 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 71St Violation
RE: Chances R
1046 Central Avenue
Dubuque, IA 52001
Donavon Inc.
1046 Central Avenue
Dubuque, IA 52001
I, _tTh
t- sv 4° -7,456,4/ , on behalf of Chances R, hereby knowingly and
voluntarily acknowledge that: .
a) Chances R received the notice regarding the above referenced case.
b) Chances R admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Chances R waives a hearing and submits to the statutory penalties
prescribed by law.
d) Chances R 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.
Chances R has a liquor license for 1046 Central. Violation of the liquor license occurred
as follows:
Violation Date Violation Type Violation Number
May 6, 2016 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Chances R 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, Chpnces R chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Chances R
Signature Signature
Name — Please Print Name — Please Print
7/2..9
Date
Date
NOTE: This must be signed by an individual alcohol licensee, or in the case of another business entity, by
individuals) 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 Chances R to the City of
Dubuque — Police Department.
PASSED AND APPROVED this 15thday of August
Attest:
K
Trish L. Gleason, Assistant City Clerk
/111 CO(
, 2016
Roy D. BSI, Mayor