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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