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Alcohol Compliance Civil Penalty_Chocolaterie Stam 2nd Offense Copyright 2014 City of Dubuque Consent Items # 25. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Chocolaterie Stam Dubuque SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Chocolaterie Stam Dubuque, 269 Main Street. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Chocolaterie Stam Alcohol Compliance Agreement- City Manager Memo MVM 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— Chocolaterie Stam Dubuque DATE: October 28, 2016 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Chocolaterie Stam Dubuque, 269 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 THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi October 14, 2016 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement— Chocolaterie Stam Dubuque INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Chocolaterie Stam Dubuque. BACKGROUND Chocolaterie Stam Dubuque has a liquor license for its establishment at 269 Main Street in the City of Dubuque. On February 12, 2016 and June 28, 2016, the Dubuque Police Department did alcohol compliance checks at the business and employees 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. Chocolaterie Stam Dubuque has agreed to pay a $1,500 fine for a second violation and serve a thirty (30) day suspension of their liquor license. 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. Chocolaterie Stam Dubuque 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 - 2nd Violation RE: Chocolaterie Stam Dubuque 269 Main Street Dubuque, IA 52001 Z&Z LLC 269 Main Street Dubuque, IA 52001 , on behalf of Chocolaterie Stam Dubuque, hereby knowingly and voluntarily acknowledge that: a) Chocolaterie Stam Dubuque received the notice regarding the above referenced case. that UUegati b) Chocolaterie Stam Dubuque admits tiia� the facts'' and au6,�a��orij contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Chocolaterie Stam Dubuque waives a hearing and submits to the statutory penalties prescribed by law. d) Chocolaterie Stam Dubuque 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. Chocolaterie Stam Dubuque has a liquor license for 269 Main Street. Violations of the liquor license occurred as follows: Violation Date February 12, 2016 June 28, 2016 Violation Type Alcohol Violation Alcohol Violation Violation Number 1st Violation 2nd Violation At this time, Chocolaterie Stam Dubuque has one (1) alcohol violation pending. Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Chocolaterie Stam Dubuque 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, Chocolaterie Stam Dubuque accepts the penalties for a Second Violation — Alcohol Compliance and chooses the following option: Option #1 ✓ One thousand five hundred dollar ($1,500) fine ✓ Thirty (30) day suspension of the license ❑ O tion#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 o Purchase and use identification scanners for use on all alcohol sales o 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 o 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 o Such other conditions as agreed upon between the licensee or permittee and the Chief of Police Please choose one (1) of the following options: ❑ 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): o Terminate the employee who acted illegally o Purchase and use identification scanners for use on all alcohol sales o 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 o Use wristbands for patrons twenty-one (21) years of age and older o 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 o 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: 311(,0 The suspension of the liquor license must be served as follows: Wednesday, October 12, 2016 through and including Thursday, November 10, 2016 Total: Thirty (30) days Chocolaterie Stam Dubuque `aik: 4 Signature Signature -WcAck\ UK Name — Please Print Name — Please Print Date lad 1 o 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 be remitted by Chocolaterie Stam Dubuque on or before September 30, 2016 and suspension of the liquor license be served as outlined. PASSED AND APPROVED this day of 20L Roy D. BgMayor Attest: