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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