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: