Alcohol Compliance Civil Penalty for Aldi, Inc. Copyright 2014
City of Dubuque Consent Items # 22.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder—Aldi, Inc.
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Aldi, Inc., #30, 2160 Holliday Drive.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Aldi Alcohol Compliance Agreement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Aldi 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—Aldi, Inc. #30
DATE: September 10, 2016
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Aldi, Inc. #30, 2160 Holliday Drive.
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
September 1 , 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Aldi, Inc. #30
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Aldi, Inc. #30.
BACKGROUND
Aldi, Inc. #30 has a liquor license for its establishment at 2160 Holliday Drive in the City
of Dubuque. On October 23, 2014 and May 17, 2016 the Dubuque Police Department
did an alcohol compliance check at Aldi, Inc. #30 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. Aldi, Inc. #30 was presented with penalty options which include
license suspension, fines, or a combination of suspension and fines. Aldi, Inc. #30 has
chosen the option to pay a $15,000 fine and serve no license suspension. Additionally
the agreement places them under a 12-month probationary period, requires employees
to complete the Iowa Program for Alcohol Compliance Training, conduct monthly
training regarding alcohol sales, and conduct disciplinary action against the employee
who acted illegally.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Aldi, Inc. #30 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: Aldi, Inc #30
2160 Holliday Drive
Dubuque, IA 52001
Aldi, Inc
9342 S 13th Street
Oak Creek, WI 53154
1, AWLA V\A1.6(0,.'W0
voluntarily acknowledge that:
, on behalf of Aldi, Inc #30, hereby knowingly and
a) Aldi, Inc #30 received the notice regarding the above referenced case.
b) Aldi, Inc #30 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Aldi, Inc #30 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Aldi, Inc #30 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
Aldi, Inc #30 has a liquor license for 2160 Holliday Drive. Violations of the liquor license
occurred as follows:
Violation Date
October 23, 2014
May 17, 2016
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1st Violation
2nd Violation
At this time, Aldi, Inc #30 has one (1) alcohol violation pending. Under the foregoing
Iowa Code and City of Dubuque Code of Ordinances provisions, Aldi, Inc #30 is subject
to a civil penalty and a suspension of the liquor license.
In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-
2B-16, Aldi, Inc #30 accepts the penalties for a Second Violation — Alcohol Compliance
and chooses the following option:
Please choose one (1) of the following options:
2( 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*
✓ The following conditions:
2' All ALDI employees at the subject location will be completing the Iowa Program for
Alcohol Compliance Training on or before July 25, 2016. Any and all future employees
will also be required to take this training program as well.
iOn May 24, 2016 an entire staff meeting was held at the ALDI location. The purpose of
that meeting was to discuss the violation in detail and review the company procedures
for alcohol sales in detail.
VAIso on May 24, 2016 a separate meeting was held with the staff member responsible for
the improper sale, and she was disciplined for a violation of company policies. A written
notice of this violation was placed in the employee's personnel file.
Kier ALDI has implemented a 30 day probationary period for any and all new hires. During
this 30 day probationary period the store manager will be required to approve any and all
alcohol sales involving the new hire.
ALDI's National Procedures for Alcohol Sales are to be reviewed in detail with each staff
member on a monthly basis. Each staff member will sign and date the attached form
after each monthly review.
kid ALDI has posted signage at each checkout lane reminding their staff of the company
policy that alcohol will not be sold to any patron without valid identification.
*If there is a violation within the probationary period, the days which were suspended must be served.
Aldi, Inc #30
Name — Plea§e Print
1/qt/4e,
Date
(537751-u.—.S
Signature
5/71,e_ (2 avo P
Name — Please Print
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.
Initials: Date:
THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby orders that the
foregoing civil penalty be remitted by Aldi, Inc #30 on or before August 30, 2016 and conditions
as outlined and approved by the Chief of Police be completed.
PASSED AND APPROVED this 19thday of September
Attest:
,2016
ion -®-B
Kevin J. Lynch, Mayor Pro -Tem