Alcohol Compliance Civil Penalty for Kwik Stop Food Mart Copyright 2014
City of Dubuque Consent Items # 20.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Kwik Stop Food Mart
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Kwik Stop Food Mart, 4039
Pennsylvania Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Kwik Stop Alcohol Compliance Agreement-MVM Memo City Manager 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: Kwik Stop Food Mart Alcohol Compliance Settlement Agreement
DATE: August 4, 2016
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Kwik Stop Food Mart, 4039 Pennsylvania 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
August 3, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Kwik Stop Food Mart
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Kwik Stop Food Mart.
BACKGROUND
Kwik Stop Food Mart has a liquor license for its establishment at 4039 Pennsylvania
Avenue in the City of Dubuque. On June 28, 2016 the Dubuque Police Department did
an alcohol compliance check at Kwik Stop Food Mart 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. Kwik Stop Food Mart 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. Kwik Stop Food Mart 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: Kwik Stop Food Mart
4039 Pennsylvania Avenue
Dubuque, IA 52002
Rainbo Oil Company
PO Box 768
Dubuque, IA 52004-0768
1, /J/ IJmer, on behalf of Kwik Stop Food Mart, hereby knowingly
and voluntarily acknowledge that:
a) Kwik Stop Food Mart received the notice regarding the above referenced
case.
b) Kwik Stop Food Mart admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Kwik Stop Food Mart waives a hearing and submits to the statutory
penalties prescribed by law.
d) Kwik Stop Food Mart 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.
Kwik Stop Food Mart has a liquor license for 4039 Pennsylvania Avenue. Violation of
the liquor license occurred as follows:
Violation Date
June 28, 2016
Violation Type Violation Number
Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
«Business_Name» 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, Kwik Stop Food Mart chooses one of the following penalties:
Five hundred dollar
500.00) fine
❑ Fourteen (14) day liquor license suspension
Kwik Stop Food Mart
Signature] / Signature
Name — Please Print
7c;27 //
Date
Ce'
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 Kwik Stop Food Mart to the
City of Dubuque — Police Department.
PASSED AND APPROVED this6 day of
Attest:
VevirEFi rist7htlny-Ctm17._.
Trish L. Gleason, Assistant City Clerk
/
, 20/6 .
Roy D. Buol Mayor