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Approval of Retail Alcohol LicensesCopyrighted January 16, 2024 City of Dubuque Consent Items # 015. City Council Meeting ITEM TITLE: Approval of Retail Alcohol Licenses SUMMARY: City Manager recommending City Council approval of retail alcohol licenses as submitted. RESOLUTION Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Retail Liquor Licenses Staff Memo 1-16-24 Memo on Retail Alcohol License Approvals Staff Memo 1-16-24 Resolution Resolutions 1-16-24 Class E Memo Supporting Documentation THE CITY OF Dubuque DUB TEE1. All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Retail Alcohol Licenses for the following: • Dubuque Religious Center, Inc, 923 Main Street • El Paisano, 1543 Central Ave • Fuji Asian Buffet, Suite 128, 806 Wacker Dr • Mario's Italian Restaurant and Lounge, 1298 Main St. • RMN Lounge L.L.C, 481 Locust St • Steeple Square, 101 East 15t" St • Steve's Ace Home and Garden, 3350 JFK Rd New Alcohol License Applications: • 7 Hills Brewing Co. LLC, 333 East 10th St. Provisional Alcohol License Issuances: • Downtown Gas and Grocery, 1401 Central Ave. DATE: January 10, 2024 Chief of Police Jeremy Jensen is recommending approval of the Retail Alcohol License renewals for: Dubuque Religious Center, Inc, 923 Main Street, El Paisano, 1543 Central Ave, Fuji Asian Buffet, Suite 128, 806 Wacker Dr, Mario's Italian Restaurant and Lounge, 1298 Main St., RMN Lounge L.L.C, 481 Locust St, Steeple Square, 101 East 15th St, Steve's Ace Home, and Garden, 3350 JFK Rd; and City Clerk Adrienne N. Breitfelder is recommending approval of a new application for: 7 Hills Brewing Co. LLC, 333 East 10th St; and a Provisional Issuance for: Downtown Gas and Grocery, 1401 Central Ave. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM-sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jeremy Jensen, Chief of Police Adrienne Breitfelder, City Clerk Trish Gleason, Assistant City Clerk THE CITY OF DUB E Masterpiece on the Mississippi DATE: December 15, 2023 MEMORANDUM TO: Michael C. Van Milligen City Manager FROM: Jeremy R. Jensen Chief of Police RE: Retail Alcohol Licenses for the following: • Dubuque Religious Center, Inc, 923 Main Street • El Paisano, 1543 Central Ave • Fuji Asian Buffet, Suite 128, 806 Wacker Dr • Mario's Italian Restaurant and Lounge, 1298 Main St. • RMN Lounge L.L.C, 481 Locust St • Steeple Square, 101 East 15t" St • Steve's Ace Home and Garden, 3350 JFK Rd INTRODUCTION The purpose of this memorandum is to recommend the annual renewal of the above retail alcohol license establishments and to highlight the calls for service related to incidences of disturbances, crimes against persons, crimes against property, and public morals occurring at the business since the last liquor license renewal. BACKGROUND Regarding the listed establishments, the following is a summary of activity since their last renewal. The following key provides a brief description of those calls for service displaying four areas of concern. Disturbances Includes physical fighting, verbal arguments, loud music and/or subjects and all other disorderly behavior not already listed Crimes Against Persons Includes Assault and Harassment Crimes Against Property Includes Burglary, Criminal Mischief and Theft Public Morals Includes Public Intoxication and Possession of Controlled Substances 1 DISCUSSION Dubuque Religious Center, Inc, 923 Main Street Since the last renewal date there have been 0 calls for service to the establishment. There were 0 disturbances, 0 crimes against persons, 0 crimes against property, and 0 public morals calls. Additionally, there were 0 individual violations and 0 violations against the business. El Paisano, 1543 Central Ave Since the last renewal date there have been 0 calls for service to the establishment. There were 0 disturbances, 0 crimes against persons, 0 crimes against property, and 0 public morals calls. Additionally, there were 0 individual violations and 0 violations against the business. Fuii Asian Buffet, Suite 128, 806 Wacker Dr Since the last renewal date there have been 0 calls for service to the establishment. There were 0 disturbances, 0 crimes against persons, 0 crimes against property, and 0 public morals calls. Additionally, there were 0 individual violations and 0 violations against the business. Mario's Italian Restaurant and Lounae. 1298 Main St. Since the last renewal date there have been 1 call for service to the establishment. There were 1 disturbance, 0 crimes against persons, 0 crimes against property, and public morals call. Additionally, there were 0 individual violations and 0 violations against the business. DPD Case # Type of Call/Circumstances Disposition 2023-005849 Disturbance -Fight, Drunk Police Report RMN Lounae L.L.C. 481 Locust St Since the last renewal date there have been 3 calls for service to the establishment. There were 1 disturbance, 0 crimes against persons, 0 crimes against property, and 2 public morals call. Additionally, there were 1 individual violation and 0 violations against the business. DPD Case # Type of Call/Circumstances Disposition 2023-007777 Public Morals -Drugs Arrest 2023-004502 Public Morals -Drugs, Indecent Exposure Arrest 2023-001091 Disorderly Conduct, OWI Arrest Steeple Square, 101 East 15th St Since the last renewal date there have been 0 calls for service to the establishment. There were 0 disturbances, 0 crimes against persons, 0 crimes against property, and 0 public morals calls. Additionally, there were 0 individual violations and 0 violations against the business. Steve's Ace Home and Garden, 3350 JFK Rd Since the last renewal date there have been 9 calls for service to the establishment. There were 0 disturbances, 0 crimes against persons, 9 crimes against property, and 0 public morals calls. Additionally, there were 0 individual violations and 0 violations against the business. DPD Case # Type of Call/Circumstances Disposition 2021-008842 Crimes Against Property Police Report 2021-008972 Crimes Against Property Police Report 2022-000232 Crimes Against Property Police Report 22035682 Crimes Against Property Police Report 2022-005764 Crimes Against Property Police Report 2022-008481 Crimes Against Property Police Report 2023-005612 Crimes Against Property Police Report 2023-006082 Crimes Against Property Police Report 2023-008441 Crimes Against Property Police Report RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the annual retail alcohol licenses for: Dubuque Religious Center, Inc, 923 Main Street, El Paisano, 1543 Central Ave, Fuji Asian Buffet, Suite 128, 806 Wacker Dr, Mario's Italian Restaurant and Lounge, 1298 Main St., RMN Lounge L.L.C, 481 Locust St, Steeple Square, 101 East 15th St, Steve's Ace Home, and Garden, 3350 JFK Rd ACTION REQUESTED Action requested is for City Council consideration to approve the retail alcohol license. renewals for: Dubuque Religious Center, Inc, 923 Main Street, El Paisano, 1543 Central Ave, Fuji Asian Buffet, Suite 128, 806 Wacker Dr, Mario's Italian Restaurant and Lounge, 1298 Main St., RMN Lounge L.L.C, 481 Locust St, Steeple Square, 101 East 15th St, Steve's Ace Home, and Garden, 3350 JFK Rd cc: Crenna Brumwell, City Attorney Adrienne N. Breitfelder, City Clerk 3 Dubuque City Clerk's Office THE CITY OF City Hall DU 111 America City 1 1 I 50 W. 13th Street Dubuque, I 52001-4864 (563) 589-4100 office L J_r I I� (563) 589-0890 fax ctyclerk@cityofdubuque.org Masterpiece on the Mississippi 2007-2012.2013 2017*2019 www.cityofdubuque.org TO: Michael C. Van Milligen, City Manager FROM: Adrienne N. Breitfelder, City Clerk DATE: January 8, 2024 SUBJECT: Retail Alcohol License Approvals for the following: New Applications: 7 Hills Brewing Co. LLC, 333 East 10th St. Provisional Issuances: Downtown Gas and Grocery, 1401 Central Ave. INTRODUCTION The purpose of this memorandum is to recommend approval of the above noted retail alcohol license applications. BACKGROUND State and city codes require that a retail alcohol license be obtained to sell beer, wine, or alcoholic liquor in the city. Applications and licenses are issued by the Iowa Alcohol Beverage Division (ABD) in conjunction with cities, who are defined as the local authority in State Code Chapter 123 on alcoholic beverage control. The City Clerk's Office is the local authority for City of Dubuque retail alcohol license applications and therefore processes each application on behalf of the city. per City Code §4-2B-9, City Council action is required on all retail alcohol license applications before the application is forwarded to the Iowa ABD for further action. DISCUSSION The City Clerk's Office submits recommendations for approval of all new and additional privilege retail alcohol license applications. New applications include special events; however, the City Clerk's Office indicates special events separately in memos and resolutions for prompt reference. Additionally, per City Code §4-2B-9, the City Clerk's Office is authorized to issue provisional approval for new and renewal applications for liquor, beer, and wine licenses and permits prior to regularly scheduled City Council meetings when the applicants have met all of the application and inspection provisions of the city and state codes. The City Clerk's Office issues provisional approval to applicants when approval is deemed necessary prior to a regularly scheduled City Council meeting. All provisional approvals are placed on the next regularly scheduled City Council Agenda for review and either approval or revocation by the City Council. The above noted applications have fulfilled all pertinent application and inspection provisions set forth in city and state codes. The Dubuque Police Department submits recommendations for retail alcohol license renewal applications and details their annual calls for service on each establishment. RECOMMENDATION I respectfully request approval of the above noted retail alcohol license applications as submitted. cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jeremy Jensen, Police Chief Trish Gleason, Assistant City Clerk Prepared by Trish L. Gleason, Asst. City Clerk,_ 50 W. 13th St., Dubuque IA 52001 (563) 589-4100 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, 1A 52001, (563) 589-4100 RESOLUTION NO. 12-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol licenses have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1, The City Cleric is hereby authorized and directed to cause to be issued at the noted premise address to the following applicants pending submission of the locally required documentation: ......... ............ --...... ...... . ........ ........._..............._ _...-...... New Applications ... ........................ _......-_.....--....... ....--- --- -- - ------.-.-.- ... 7 Hills Brewing Co. LLC A 333 East 10tn St ................. Renewals 3350 John F. Kennedv Rd. New Applications Provisional Issuances Downtown Gas and Groceryj 1401 Central Ave. Passed, approved, and adopted this-16th day of January 2024. Attest: Adrienne N. Breitfelder, City Clerk THE CITY OF DUB E Masterpiece on the Mississippi Dubuque City Clerk's Office City Hall All-Amiriea City 50 W. 13th Street l ,I Dubuque,lA 52001-4864 ijr (563) 589-4100 office (563) 589-0890 fax 2007-2012.20 i 3 ctyclerk@cityofdubuque.org 2017* 2019 www.cityofdubuque.org TO: Mayor Brad M. Cavanagh and Members of the City Council FROM: Adrienne N. Breitfelder, City Clerk SUBJECT: Class "E" Retail Alcohol Licenses Automatically Renewed DATE: January 8, 2024 §123.35 of the Code of Iowa details the renewal process for Class "E" Retail Alcohol Licenses as follows: 123.35 Expiration of licenses, permits, and certificates of compliance — automatic renewals. 2. Notwithstanding section 123.31 and any other provision of this chapter to the contrary, a class "E" retail alcohol license shall automatically renew without the endorsement of a local authority or approval by the administrator upon collection of the annual fee by the division, provided all of the following conditions are met since the preceding license was issued: a. The licensee has given written consent to the division to have the license automatically renewed as provided in this section. b. The license has not been suspended or revoked. c. A civil penalty has not been imposed against the licensee. d. An administrative proceeding is not pending against the licensee to suspend or revoke the license or to impose a civil penalty under this chapter. e. The licensee has not submitted payment for alcoholic liquor to the division that was subsequently dishonored. f. The licensee and all persons associated with the licensee as described in section 123.3, subsection 40, paragraph "e", have not been convicted of a violation of this chapter. g. The licensed premises constitutes a safe and proper place or building and conforms with all applicable federal, state, and local laws, orders, ordinances, rules, resolutions, and health and fire regulations. h. A local authority has not notified the division, in a manner established by the division and made available to local authorities, that automatic renewal should not occur and that further review of the licensee by the division and the applicable local authority is warranted. The following Class "E" Retail Alcohol applicants fulfilled the criteria established in §123.35 for their license to automatically renew on the date specified below without the endorsement of the local authority. License Number Name of Business DBA Premise Address Effective Date LE0003381 Beecher Liquor 1691 Asbury Rd. 1/1/2024 Prepared by: Trish Gleason, Assistant City Clerk