Alcohol Compliance Civil Penalty Casey's General Store_Cedar Cross Rd. Copyright 2014
City of Dubuque Consent Items # 35.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Casey's General Store #3473
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Casey's General Store#3473,
1072 Cedar Cross Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Casey's Alcohol Compliance Settlement 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: Alcohol Settlement Agreement — Casey's General Store #3473
DATE: December 8, 2016
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Casey's General Store #3473, 1072 Cedar Cross Road.
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
November 28, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Casey's General Store #3473
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Casey's General Store #3473.
BACKGROUND
Casey's General Store #3473 has a liquor license for its establishment at 1072 Cedar
Cross Road in the City of Dubuque. On September 13, 2016, the Dubuque Police
Department did an alcohol compliance check at Casey's General Store #3473 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. Casey's General Store #3473 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. Casey's General Store #3473 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: Casey's General Store #3473
1072 Cedar Cross Road
Dubuque, IA 52003
Casey's Marketing Company
PO Box 3001
• Ankeny, IA 50021
I,
m. ►. Cis'\b , on behalf of Casey's General Store #3473, hereby
knowindly and voluntarily acknowledge that:
a) Casey's General Store #3473 received the notice regarding the above
referenced case.
b) Casey's . Genera! Store #3473 admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Casey's General Store #3473 waives a hearing and submits to the
statutory penalties prescribed by law.
d) Casey's General Store #3473 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.
Casey's General Store #3473 has a liquor license for 1072 Cedar Cross Road. Violation
of the liquor license occurred as follows:
Violation Date Violation Type Violation Number
September 13, 2016 Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Casey's General Store #3473 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, Casey's General Store #3473 chooses one of the following penalties:
Five hundred dollar ($500.00) fine
Fourteen (14) day liquor license suspension
Casey's General Store #3473
Signature
A �(1 CD7 e\b, c 0521
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 Casey's General Store
#3473 to the City of Dubuque — Police Department.
PASSED AND APPROVED this'iciay of
Attest:
Kevi f Firnstahl, City erk
jet, 20.
Roy D. Buolllvlayor