Alcohol Compliance Civil Penalty - Easy Street Copyright 2014
City of Dubuque Consent Items # 17.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Easy Street
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Easy Street, 30 Main Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Easy Street Alcohol Compliance Settlement-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: Settlement Agreement— Easy Street
DATE: September 21, 2016
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Easy Street, 30 Main Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, 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 14, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Easy Street
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Easy Street.
BACKGROUND
Easy Street has a liquor license for its establishment at 30 Main Street in the City of
Dubuque. On August 20, 2016 the Dubuque Police Department did an alcohol
compliance check at Easy Street 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. Easy Street 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. Easy Street 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: Easy Street
30 Main Street
Dubuque, IA 52001
Easy Street, LLC
30 Main Street
Dubuque, IA 52001
I, DP‘VID J. &,l N )1 Y , on behalf of Easy Street, hereby knowingly and
voluntarily acknowledge that:
a) Easy Street received the notice regarding the above referenced case.
b) Easy Street admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Easy Street waives a hearing and submits to the statutory penalties
prescribed by law.
d) Easy Street 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.
Easy Street has a liquor license for 30 Main Street. Violation of the liquor license
occurred as follows:
Violation Date
August 20, 2016
Violation Type Violation Number
Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Easy Street 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, Easy Street chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Easy Street
Signature // Signature
. SCH-M I T'r
Name — Please Print Name — Please Print
Date
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 Easy Street to the City of
Dubuque — Police Department.
PASSED AND APPROVED this-Si/day of , 20
Attest:
Kevi Firnstahf, Ci ' erk
1
Roy D. Buoy', Mayor