Alcohol Compliance Civil Penalty_Ron's Discount Smokes Copyright 2014
City of Dubuque Consent Items # 25.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder- Ron's Discount Smokes
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Ron's Discount Smoke &
Beverage Center#1, 3300 Asbury Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Ron's Discount Smokes Alcohol Compliance City Manager Memo
Agreement-MVM Memo
Staff Memo Staff Memo
Agreement Copy Supporting Documentation
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— Ron's Discount Smokes & Beverage Center
DATE: August 24, 2016
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Ron's Discount Smokes & Beverage Center.
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 11 , 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Ron's Discount Smokes & Beverage Center
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Ron's Discount Smokes & Beverage Center.
BACKGROUND
Ron's Discount Smokes & Beverage Center has a liquor license for its establishment at
3300 Asbury Road in the City of Dubuque. On June 8, 2015 and June 28, 2016 the
Dubuque Police Department did an alcohol compliance check at Ron's Discount
Smokes & Beverage Center 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, and a penalty schedule was developed with
options for violators. Ron's Discount Smokes & Beverage Center was presented with
penalty options which include license suspension, fines, or a combination of suspension
and fines. Ron's Discount Smokes & Beverage Center has chosen the option to pay a
$1 ,500 fine and serve a 30 day license suspension. The suspension dates are detailed
in the attached settlement agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Ron's Discount Smokes & Beverage Center 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 the Mayor's signature of the attached
AcknowledgmentlSettlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance — 2nd Violation
•
RE: Ron's Discount Smokes & RKM LLC
Beverage Center #1 6141 Forest Hills Drive
3300 Asbury Road Dubuque, IA 52002
Dubuque, IA 52002
t on behalf of Ron's Discount Smokes & Beverage
Center#1, hereby knowingly and voluntarily acknowledge that:
a) Ron's Discount Smokes & Beverage Center #1 received the notice
regarding the above referenced case.
b) Ron's Discount Smokes & Beverage Center #1 admits that the facts and
allegations contained in the Complaint, which is attached hereto and
incorporated herein by reference, are true and correct.
c) Ron's Discount Smokes & Beverage Center #1 waives a hearing and
submits to the statutory penalties prescribed by law.
d) Ron's Discount Smokes & Beverage Center #1 understands that this
penalty will count as an official "Second 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.
Ron's Discount Smokes & Beverage Center #1 has a liquor license for 3300 Asbury
Road. Violations of the liquor license occurred as follows:
Violation Date
June 8, 2015
June 28, 2016
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1St Violation
2nd Violation
At this time, Ron's Discount Smokes & Beverage Center #1 has one (1) alcohol
violation pending. Under the foregoing Iowa Code and City of Dubuque Code of
Ordinances provisions, Ron's Discount Smokes & Beverage Center #1 is subject to a
civil penalty and a suspension of theliquorlicense.
In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-
2B-16, Ron's Discount Smokes & Beverages Center #1 accepts the penalties for a
Second Violation — Alcohol Compliance and chooses the following option:
s
Please choose one (1) of the following options:
I' Option #1
✓ One thousand five hundred dollar ($1,500) fine
✓ Thirty (30) day suspension of the license
❑ Option #2
✓ Five thousand dollar ($5,000) fine
✓ Fourteen (14) day suspension of the license
(Thirty (30) day suspension with sixteen (16) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
❑ Option #3
✓ Seven thousand five hundred dollar ($7,500) fine
✓ Seven (7) day suspension of the license
(Thirty (30) day suspension with twenty three (23) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Two' (2) of the following (please choose two):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty-one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
❑ Option #4
✓ Fifteen thousand dollar ($15,000) fine
✓ Zero (0) day suspension of the license
(Thirty (30) day suspension with thirty (30) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Three (3) of the following (please choose three):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive the training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty-one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
*If there is a violation within the probationary period, the days which were suspended must be served.
Initials: Date: S
The suspension of the liquor license must be served as follows:
Tuesday, September 6, 2016 — Thursday, September 22, 2016 17 Days
Monday, October 3, 2016 — Thursday, October 6, 2016 4 Days
Monday, October 10, 2016 — Wednesday, October 12, 2016 3 Days
Monday, October 17, 2016 — Wednesday, October 19, 2016 3 Days
Monday, October 24, 2016 — Wednesday, October 26, 2016 3 Days
Total: 30 Days
Ron's Discount Smokes & Beverage Center #1
Name — Please Print
Lt—t(19
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 Ron's Discount Smokes & Beverage Center #1
and suspension of the liquor license be served as outlined.
PASSED AND APPROVED this day of20 /4 .
Attest:
Kevin it stahl, City
Roy D. Bol, Mayor