Loading...
Approval of Retail Alcohol LicensesCity of Dubuque Consent Items # 015. City Council Meeting ITEM TITLE: Approval of Retail Alcohol Licenses SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description MVM Memo Copyrighted February 19, 2024 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 Disposition: Receive and File; Adopt Resolution(s) Liquor License Renewals 2-19-24 Memo on Retail Alcohol License Approvals 2-19-24 Alcohol Resolution 2-19-24 Class E Memo Type City Manager Memo Staff Memo Staff Memo Resolutions Supporting Documentation THE CITY DUOF B TEE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Retail Alcohol Licenses for the following: • Convivium Urban Farmstead, 2811 Jackson St • Dollar General 6896, 605 West Locust St. • Dollar General 10074, 2400 Gateway Dr • Dollar General 7289, 3250 Kennedy Cir, STE 8 • Dubuque Mining Co, 555 JFK Rd, STE 600 • Dungeon Ltd, 302 Locust St. • Gin Rickeys, 1447 Central Ave • Hammerheads Bar & Billiards, 2095 Kerper Blvd, STE 2 • Hy-Vee Market Cafe 3, 400 Locust St. Cafe Area • Millwork Marketplace, 333 East 1011 St, STE 12 • Northside Bar, Inc. 2776 Jackson St. • The Richards House B&B, 1492 Locust St New Applications Name of Business. Address of Premises • 7 Hills Brewing Co., 333 East loth St. • Auto Workers AFL-CIO, 3450 Central Ave • Lalo's, 1091 University Ave • Rusty Taco, 3333 Asbury Rd. Dubuque All -America City IN 2007.2012.2013 2017*2019 Premises Updates Name of Business, Address of Premises • Grand River Center, 500 Bell St • Millwork Marketplace — Backpocket Update, 333 East loth St. • Millwork Marketplace — 7 Hills Update, 333 East 10th St. • Millwork Marketplace — Lower Level Update, 333 East loth St. • Third Corner, 210 West 1 st St Change in Ownerships Name of Business. Address of Premises • Auto Workers AFL-CIO, 3450 Central Ave • Fas Mart #5159, 2175 Central Ave. • Grand River Center, 500 Bell St. • Sid's Beverage Store, 2727 Dodge St. Special Event(s) per Special Event Application Submittal Name of Business, Address of Premises • Camp Albrecht Acres, 500 Bell St. Provisional Issuances Name of Business, Address of Premises • EL1 Dubuque, 555 John F Kennedy Road Suite 415 • Voices Studio, 1585 Central Ave. DATE: February 14, 2024 Chief of Police Jeremy Jensen is recommending approval of the Retail Alcohol License renewals for: Convivium Urban Farmstead, 2811 Jackson St, Dollar General 6896, 605 West Locust St., Dollar General 10074, 2400 Gateway Dr., Dollar General 7289, 3250 Kennedy Cir, STE 8, Dubuque Mining Co, 555 JFK Rd, STE 600 Dungeon Ltd, 302 Locust St., Gin Rickeys, 1447 Central Ave., Hammerheads Bar & Billiards, 2095 Kerper Blvd, STE 2, Hy-Vee Market Cafe 3, 400 Locust St. Cafe Area, Millwork Marketplace, 333 East 10th St, STE 12, Northside Bar, Inc. 2776 Jackson St., The Richards House B&B, 1492 Locust St, and City Clerk Adrienne Breitfelder is recommending approval of the New Applications for: 7 Hills Brewing Co., 333 East 10th St.; Auto Workers AFL- CIO, 3450 Central Ave.; Lalo's, 1091 University Ave; and Rusty Taco, 3333 Asbury Rd; Premises Updates for: Grand River Center, 500 Bell St; Millwork Marketplace — Backpocket Update, 333 East 10th St.; Millwork Marketplace — 7 Hills Update, 333 East 10th St.; Millwork Marketplace — Lower Level Update, 333 East 10th St.; Third Corner, 210 West 1 st St; Change in Ownerships for: Auto Workers AFL-CIO, 3450 Central Ave.; Fas Mart #5159, 2175 Central Ave.; Grand River Center, 500 Bell St.; Sid's Beverage Store, 2727 Dodge St.; Special Event(s) per Special Event Application Submittal for: Camp Albrecht Acres, 500 Bell St.; and Provisional Issuances for: EL1 Dubuque, 555 John F Kennedy Road Suite 415; Voices Studio, 1585 Central Ave. I concur with the recommendation and respectfully request Mayor and City Council approval. v Micliael 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 1 THE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM DATE: January 17, 2024 TO: Michael C. Van Milligen City Manager FROM: Jeremy R. Jensen Chief of Police RE: Retail Alcohol Licenses for the following: • Convivium Urban Farmstead, 2811 Jackson St • Dollar General 6896, 605 West Locust St. • Dollar General 10074, 2400 Gateway Dr • Dollar General 7289, 3250 Kennedy Cir, STE 8 • Dubuque Mining Co, 555 JFK Rd, STE 600 • Dungeon Ltd, 302 Locust St. • Gin Rickeys, 1447 Central Ave • Hammerheads Bar & Billiards, 2095 Kerper Blvd, STE 2 • Hy-Vee Market Cafe 3, 400 Locust St. Cafe Area • Millwork Marketplace, 333 East 10th St, STE 12 • Northside Bar, Inc. 2776 Jackson St. • The Richards House B&B, 1492 Locust St 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 Convivium Urban Farmstead, 2811 Jackson 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. Dollar General 6896, 605 West Locust St. Since the last renewal date there have been 6 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 1 individual violation and 6 violations against the business. DPD Case # Type of Call/Circumstances Disposition 2023-008496 Theft Report Taken 2023-008451 Theft Report Taken 23097069 Theft Report Taken 2023-007396 Theft Arrest 2023-004512 Theft Report Taken 2023-002087 Theft Report Taken Dollar General 10074, 2400 Gateway Dr Since the last renewal date there have been 2 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 2 individual violations and 2 violations against the business. DPD Case # Type of Call/Circumstances Disposition 2023-001507 Theft Arrest 2023-001493 Theft Arrest Dollar General 7289, 3250 Kennedy Cir, STE 8 Since the last renewal date there have been 1 call for service to the establishment. There were 0 disturbance, 0 crimes against persons, 0 crimes against property, and 0 public morals call. Additionally, there were 1 individual violation and 1 violation against the business. DPD Case # I Type of Call/Circumstances Disposition 2023-000810 1 Criminal Mischief -Arson ls' Degree -Juvenile Arrest Dubuaue Minina Co. 555 JFK Rd. STE 600 Since the last renewal date there have been 1 call for service to the establishment. There were 0 disturbance, 1 crime against persons, 0 crimes against property, and 0 public morals call. Additionally, there were 0 individual violation and 0 violations against the business. DPD Case # Type of Call/Circumstances Disposition 2024-000137 Harassment Report Taken Dungeon Ltd, 302 Locust 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. Gin Rickeys, 1447 Central Ave Since the last renewal date there have been 4 calls for service to the establishment. There were 3 disturbances, 1 crime against persons, 0 crimes against property, and 2 public morals calls. Additionally, there were 2 individual violations and 0 violations against the business. DPD Case # Type of Call/Circumstances Disposition 23035972 Disturbance Report Taken 2023-001428 Assault Report Taken 2023-001223 Disorderly Conduct, Public Intox, Interference w/Official Acts -No Injury or Damage Arrest 2022-008392 Disorderly Conduct, Public Intox Arrest Hammerheads Bar & Billiards, 2095 Kerper Blvd, STE 2 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. Vee Market Cafe 3. 400 Locust St. Cafe Area 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. Millwork Marketplace, 333 East 10th St, STE 12 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. Northside Bar. Inc. 2776 Jackson St. Since the last renewal date there have been 2 calls for service to the establishment. There were 0 disturbance, 0 crimes against persons, 0 crimes against property, and 2 public morals call. Additionally, there were 2 individual violation and 0 violations against the business. DPD Case # Type of Call/Circumstances Disposition 2024-000148 Assault,Public Intox Arrest 2023-009137 OW 12nd Arrest 3 The Richards House B&B, 1492 Locust 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 0 public morals call. Additionally, there were 1 individual violation and 0 violations against the business. DPD Case # I Type of Call/Circumstances Disposition 2023-000630 1 Assault -Domestic Report Taken -Warrant RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the annual retail alcohol licenses for: Convivium Urban Farmstead, 2811 Jackson St, Dollar General 6896, 605 West Locust St., Dollar General 10074, 2400 Gateway Dr., Dollar General 7289, 3250 Kennedy Cir, STE 8, Dubuque Mining Co, 555 JFK Rd, STE 600 Dungeon Ltd, 302 Locust St., Gin Rickeys, 1447 Central Ave., Hammerheads Bar & Billiards, 2095 Kerper Blvd, STE 2, Hy-Vee Market Cafe 3, 400 Locust St. Cafe Area, Millwork Marketplace, 333 East 10th St, STE 12, Northside Bar, Inc. 2776 Jackson St., The Richards House B&B, 1492 Locust St, ACTION REQUESTED Action requested is for City Council consideration to approve the retail alcohol license. renewals for: Convivium Urban Farmstead, 2811 Jackson St, Dollar General 6896, 605 West Locust St., Dollar General 10074, 2400 Gateway Dr., Dollar General 7289, 3250 Kennedy Cir, STE 8, Dubuque Mining Co, 555 JFK Rd, STE 600 Dungeon Ltd, 302 Locust St., Gin Rickeys, 1447 Central Ave., Hammerheads Bar & Billiards, 2095 Kerper Blvd, STE 2, Hy-Vee Market Cafe 3, 400 Locust St. Cafe Area, Millwork Marketplace, 333 East 10th St, STE 12, Northside Bar, Inc. 2776 Jackson St., The Richards House B&B, 1492 Locust St, cc: Crenna Brumwell, City Attorney Adrienne N. Breitfelder, City Clerk 12 Dubuque City Clerk's Office THE CITY OF City Hall DuB1QTE ANAmerieaCity 50 W. 13" Street Dubuque, I 52001-4864 (563) 589-4100 office (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: February 13, 2024 SUBJECT: Retail Alcohol License Approvals for the following: New Applications Name of Business, Address of Premises 7 Hills Brewing Co., 333 East loth St. Auto Workers AFL-CIO, 3450 Central Ave. Lalo's, 1091 University Ave Rusty Taco, 3333 Asbury Rd. Premises Updates Name of Business, Address of Premises Grand River Center . 500 Bell St Millwork Marketplace — Backpocket Update, 333 East 1011 St. Millwork Marketplace — 7 Hills Update, 333 East loth St. Millwork Marketplace — Lower Level Update, 333 East loth St. Third Corner, 210 West 1 st St Change in Ownerships Name of Business. Address of Premises Auto Workers AFL-CIO, 3450 Central Ave. Fas Mart #5159, 2175 Central Ave. Grand River Center, 500 Bell St. Sid's Beverage Store, 2727 Dodge St. Special Event(s) per Special Event Application Submittal Name of Business, Address of Premises Camp Albrecht Acres, 500 Bell St. Provisional Issuances Name of Business, Address of Premises EL1 Dubuque, 555 John F Kennedy Road Suite 415 Voices Studio, 1585 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. Effective for the February 19, 2024, City Council meeting, the City Clerk's Office will begin including all premises updates and change in ownership retail alcohol license applications for City Council approval. These applications were previously interpreted to not require City Council approval since the changes were associated with previously approved retail alcohol licenses. However, state and city codes specify that City Council action is required on all retail alcohol license applications and do not specify exemptions for premises updates or change in ownerships. Therefore, these types of applications will be presented for City Council approval in the same manner as all other retail alcohol license applications. 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 R. Breitfelder, City Clerk, 50 W. 13th 5t., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 38-24 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 Clerk 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 Name of Business Address of Premises 7 Hills Brewing Co. 333 East 10th St. Auto Workers AFL-CIO 3450 Central Ave. Lalo's 1091 University Ave Rusty Taco 3333 Asbury Rd. Renewals Name of Business Address of Premises Convivium Urban Farmstead 2811 Jackson St. Dollar Geneal 6896 605 West Locust St. Dollar General 10074 2400 Gateway Dr. Dollar General 7289 3250 Kennedy Cir. Suite 8 Dubuque Mining Co. 555 John F. Kennedy Rd. Suite 600 Dungeon Ltd 302 Locust St. Gin Ricke s 1447 Central Ave. Hammerheads Bar & Billiards 2095 Kerper Blvd . Ste. 2 H -Vee Market Cafe 3 400 Locust St. Cafe Area Millwork Marketplace 333 East 10th St. Suite 12 Northside Bar, Inc. 2776 Jackson St. The Richards House B&B 1492 Locust St. Premises Updates Name of Business Address of Premises Grand River Center 500 Bell St Millwork Marketplace - Backpocket Update 333 East 101h St. Millwork Marketplace - 7 Hills Update 333 East 10th St. Millwork Marketplace - Lower Level Update 333 East 10th St. Third Corner 210 West 1 st St Change in Ownerships Name of Business Address of Premises Auto Workers AFL-CIO 3450 Central Ave. Fas Mart #5159 2175 Central Ave. Grand River Center 500 Bell St. Sid's Beverage Store 2727 Dodge St. Special Event(s) per Special Event Application Submittal Name of Business Address of Premises Camp Albrecht Acres 500 Bell St. New Applications Provisional Issuances Name of Business Address of Premises EL1 Dubuque 555 John F Kennedy Road Suite 415 Voices Studio 1585 Central Ave. Passed, approved, and adopted this 19th day of February 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: February 13, 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. Name of Business DBA Premise Address Effective Date Sam's Club 4973 4400 Asbury Rd. 1/17/2024 H -Vee 2 2395 NW Arterial Store 1 /21 /2024 Big 10 Mart #13 2100 John F. Kennedy Rd. 1/24/2024 Case 's General Store 3473 1072 Cedar Cross Rd. 2/11/2024 Prepared by: Trish Gleason, Assistant City Clerk