Approval of Retail Alcohol Licenses and Retail Tobacco, Alternative Nicotine, and Vapor Product Permit ApplicationsCity of Dubuque
City Council Meeting
Consent Items # 016.
Copyrighted
March 18, 2024
ITEM TITLE: Approval of Retail Alcohol Licenses and Retail Tobacco, Alternative
Nicotine, and Vapor Product Permit Applications
SUMMARY: City Manager recommending approval of the Retail Alcohol Licenses and
the Tobacco, Alternative nicotine, and Vapor product Permits as
submitted.
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
MVM Memo
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
RESOLUTION Approving applications for retail permits to sell Tobacco,
Tobacco Products, Alternative Nicotine Products, and Vapor Products,
as required by Iowa Code §453A.47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
Retail Liquor License Renewal
Memo on Retail Alcohol License Approvals
Alcohol Resolution
Class E Memo
Tobacco Permit Approval Memo
Tobacco Resolution
Type
City Manager Memo
Staff Memo
Staff Memo
Resolutions
Supporting Documentation
Staff Memo
Resolutions
Dubuque
THE CITY OF
All -America City
DUB TEE 1.1.11
13
Masterpiece on the Mississippi zoo�•*o
� pp zoi720zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Retail Alcohol Licenses for the following:
• Chopper's, 601 Rhomberg Ave
• Classic and Chic Boutique, STE 200, 1065 Jackson St
• Eagles Club, 1175 Century Dr
• Grand River Center, 500 Bell St
• Lina's Thai Bistro STE 200, 2055 Holliday Dr
• McAleece Park & Recreation Complex, 1801 Admiral Sheehy Dr.
• Noonan's Tap, 1618 Central Ave
• Phoenix Theatres, 555 John F. Kennedy Rd, STE 105
• Salsa's Mexican Restaurant, 1091 Main St
• Sportsters Pub & Grub, 2600 Central Ave
• The Vault Restaurant & Cocktail Lounge, 342 Main St
New Applications
• Port of Dubuque Marina, 2200 Bunker Hill Rd.
• Dubuque Marina and Yardarm, 1201 Shiras Ave. Extension
Change in Ownership
• Kwik Star 236, 2035 John F Kennedy Rd.
• Kwik Star 495, 2685 Dodge St.
• Tobacco Outlet Plus 504, 806 Wacker Dr.
DATE: March 11, 2024
Chief of Police Jeremy Jensen is recommending approval of the Retail Alcohol License
renewals for: Chopper's 601 Rhomberg Ave, Classic and Chic Boutique, STE 200,
1065 Jackson St, Eagles Club, 1175 Century Dr, Grand River Center, 500 Bell St,
Lina's Thai Bistro STE 200, 2055 Holliday Dr, McAleece Park & Recreation Complex,
1801 Admiral Sheehy Dr., Noonan's Tap, 1618 Central Ave, Phoenix Theatres, 555
John F. Kennedy Rd, STE 105, Salsa's Mexican Restaurant, 1091 Main St, Sportsters
Pub & Grub, 2600 Central Ave, The Vault Restaurant & Cocktail Lounge, 342 Main St.;
and City Clerk Adrienne Breitfelder is recommending approval of New Applications for:
Port of Dubuque Marina, 2200 Bunker Hill Rd.; Dubuque Marina and Yardarm, 1201
Shiras Ave. Extension; and Change in Ownership applications for: Kwik Star 236, 2035
John F Kennedy Rd-, Kwik Star 495, 2685 Dodge St.; and Tobacco Outlet Plus 504, 806
Wacker Dr.
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
THE CITY OF
DUB E
Masterpiece on the Mississippi
DATE: February 14, 2024
MEMORANDUM
TO: Michael C. Van Milligen
City Manager
FROM: Jeremy R. Jensen
Chief of Police
RE: Retail Alcohol Licenses for the following:
•
Chopper's, 601 Rhomberg Ave
•
Classic and Chic Boutique, STE 200, 1065 Jackson St
•
Eagles Club, 1175 Century Dr
•
Grand River Center, 500 Bell St
•
Lina's Thai Bistro STE 200, 2055 Holliday Dr
•
McAleece Park & Recreation Complex, 1801 Admiral
Sheehy Dr.
•
Noonan's Tap, 1618 Central Ave
•
Phoenix Theatres, 555 John F. Kennedy Rd, STE 105
•
Salsa's Mexican Restaurant, 1091 Main St
•
Sportsters Pub & Grub, 2600 Central Ave
•
The Vault Restaurant & Cocktail Lounge, 342 Main 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
Chopper's, 601 Rhomberg 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.
Classic and Chic Boutique, STE 200, 1065 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.
Eaales Club. 1175 Century 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.
Grand River Center, 500 Bell St
Since the last renewal date there have been 0 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 0 individual violations and 0 violations
against the business.
Lina's Thai Bistro STE 200, 2055 Holliday Dr
Since the last renewal date there have been 0 calls 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 0 individual violation and 0 violations against
the business.
McAleece Park & Recreation Complex, 1801 Admiral Sheehy 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.
Noonan's Tap, 1618 Central Ave
Since the last renewal date there have been 4 calls for service to the establishment.
There were 2 disturbances, 1 crime against persons, 0 crimes against property, and 1
public morals call. Additionally, there were 1 individual violation and 0 violations against
the business.
DPD Case #
Type of Call/Circumstances
Disposition
23006421
Disturbance -Loud Music
Officer handled
23043512
Disturbance -Loud Subject
Officer handled
2023-004151
Theft
Report Taken
2024-000486
Public Morals -Public Intox
Arrest
Phoenix Theatres. 555 John F. Kennedv Rd. STE 105
Since the last renewal date there have been 2 calls for service to the establishment.
There were 1 disturbance, 1 crime against persons, 0 crimes against property, and 0
public morals calls. Additionally, there were 1 individual violation and 0 violations
against the business.
DPD Case #
Type of Call/Circumstances
Disposition
2023-000152
Assault
Arrest
23062123
Disturbance
Report Taken
Salsa's Mexican Restaurant, 1091 Main 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.
Sportsters Pub & Grub, 2600 Central Ave
Since the last renewal date there have been 1 call for service to the establishment.
There were 0 disturbances, 1 crime against persons, 0 crimes against property, and 0
public morals calls. Additionally, there were 1 individual violation and 0 violations
against the business.
DPD Case #
I Type of Call/Circumstances
Disposition
2023-000346
1 Assault
Arrest
The Vault Restaurant & Cocktail Lounae. 342 Main St
Since the last renewal date there have been 1 call for service to the establishment.
There were 0 disturbances, 0 crimes against persons, 0 crimes against property, and 1
public morals call. Additionally, there were 1 individual violation and 0 violations against
the business.
DPD Case #
Type of Call/Circumstances
Disposition
2023-000437
Public Morals -Public Intox
Arrest
3
RECOMMENDATION
Based upon a review of the above businesses, we would recommend approval of the
annual retail alcohol licenses for: Chopper's 601 Rhomberg Ave, Classic and Chic
Boutique, STE 200, 1065 Jackson St, Eagles Club, 1175 Century Dr, Grand River
Center, 500 Bell St, Lina's Thai Bistro STE 200, 2055 Holliday Dr, McAleece Park &
Recreation Complex, 1801 Admiral Sheehy Dr., Noonan's Tap, 1618 Central Ave,
Phoenix Theatres, 555 John F. Kennedy Rd, STE 105, Salsa's Mexican Restaurant,
1091 Main St, Sportsters Pub & Grub, 2600 Central Ave, The Vault Restaurant &
Cocktail Lounge, 342 Main St
ACTION REQUESTED
Action requested is for City Council consideration to approve the retail alcohol license.
renewals for: Chopper's 601 Rhomberg Ave, Classic and Chic Boutique, STE 200, 1065
Jackson St, Eagles Club, 1175 Century Dr, Grand River Center, 500 Bell St, Lina's Thai
Bistro STE 200, 2055 Holliday Dr, McAleece Park & Recreation Complex, 1801 Admiral
Sheehy Dr., Noonan's Tap, 1618 Central Ave, Phoenix Theatres, 555 John F. Kennedy
Rd, STE 105, Salsa's Mexican Restaurant, 1091 Main St, Sportsters Pub & Grub, 2600
Central Ave, The Vault Restaurant & Cocktail Lounge, 342 Main 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: March 11, 2024
SUBJECT: Retail Alcohol License Approvals for the following:
New Applications
Port of Dubuque Marina, 2200 Bunker Hill Rd.
Dubuque Marina and Yardarm, 1201 Shiras Ave. Extension
Change in Ownership
Kwik Star 236, 2035 John F Kennedy Rd.
Kwik Star 495, 2685 Dodge St.
Tobacco Outlet Plus 504, 806 Wacker Dr.
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. BreitFolder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 62-24
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
Port of Dubuque Marina
2200 Bunker Hill Rd.
Dubuque Marina and Yardarm
1201 Shiras Ave. Extension
Renewals
Name of Business Address of Premises
Chopper's
601 Rhomberg Ave.
Classy And Chic Boutique
Suite 200, 1065 Jackson St.
Eagles Club
1175 Century Dr.
Grand River Center
500 Bell St.
Lina's Thai Bistro
200, 2055 Holliday Dr.
McAleece Park And Recreation Complex
1801 Admiral Sheehy Dr.
Noonan's Tap
1618 Central Ave.
Phoenix Theatres
555 John F. Kennedy Rd. Suite 105
Salsa's Mexican Restaurant
1091 Main St.
S ortsters Pub & Grub
2600 Central Ave.
The Vault Restaurant And Cocktail Lounge
342 Main St.
Change in Ownership
Name of Business Address of Premises
Kwik Star 236
2035 John F Kennedy Rd.
Kwik Star 495
2685 Dodge St.
Tobacco Outlet Plus 504
806 Wacker Dr.
[Signature page follows]
Passed, approved, and adopted this 1 Sth day of March 2024.
Bra --Mayor
Mayor
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: March 11, 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.
Dubuque Wine & Spirit
3305 Asbury Rd.
3/14/2024
Hartig Drug Company 8
1600 University Ave.
3/19/2024
Hy-Vee Fast And Fresh Express 2
2435 NW Arterial
3/30/2024
Fareway Stores, Inc. 114
2050 John F. Kennedy Blvd.
4/11/2024
Prepared by: Trish Gleason, Assistant City Clerk
Dubuque
City Clerk's Office
THE C
City Hall
DUj!B9kE
AIFAmerlssClq
wu ,;.a
� I � if
50 W. 13" Street
Dubuque, IA 52001-4864
(563) 589-4100 office
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
SUBJECT: Retail Permit Approval for Tobacco, Tobacco Products, Alternative
Nicotine Products, and Vapor Products
DATE: March 8, 2024
INTRODUCTION
The purpose of this memorandum is to recommend approval of the noted retail permits
to sell one or more of the following: Tobacco, Tobacco Products, Alternative Nicotine
Products, and Vapor Products.
BACKGROUND
Pursuant to Iowa Code §453A.47A, a retail permit is required to sell tobacco, tobacco
products, alternative nicotine products, or vapor products at any place of business or
through delivery sales. All permits provided for in Iowa Code §453A.47A expire on June
30 of each year and require payment of the applicable fee established in Iowa Code
§453A.47A(7). The Iowa Department of Revenue implements the retail permit
requirements of Iowa Code §453A.47A and has designated city clerks to issue all permits
for retailers located within their respective limits. As part of the retail permit process, the
Iowa Department of Revenue requires that applications be approved by the city council
once the city clerk receives the completed application and appropriate fee.
RECOMMENDATION
Upon confirmation that the City Clerk's Office has received the completed applications
and proper fees, I recommend approval of retail permits for tobacco, tobacco products,
alternative nicotine products, and vapor products for the following retailers:
Business Name Business Address
.............................................................................................................................................................................................................................................................................. ..............................................................................................................................................................;
Pink Clouds Smoke Shop 4835 Asbury Rd.
...................................................................................................................................................................................................................................................... ............................................................................................................................................................................;
River Bluff Collective 168 East 10th St.
........................................................................................................................................................................................................................................................................................._...........................................................................................................................................................................................................:
cc: 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, IA 52001, (563) 5589-4100
RESOLUTION NO. 63-24
APPROVING APPLICATIONS FOR RETAIL PERMITS TO SELL TOBACCO,
TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, AND VAPOR
PRODUCTS, AS REQUIRED BY IOWA CODE §453A.47A
Whereas, applications for retail permits to sell tobacco, tobacco products, alternative
nicotine products, vapor products, or a combination of these products have been
submitted and filed with the City Clerk; and
Whereas, the applicants have filed the proper application and fees as required by Iowa
Code §453A.47A; and
Whereas, the Iowa Department of Revenue requires all applications be approved by
the City Council; and
Whereas, all retail permits to sell tobacco, tobacco products, alternative nicotine
products, and vapor products shall expire on June 30 of each year, as established in Iowa
Code §453A.47A(7).
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 the
following named applicants and locations for retail permits to sell one or more of the
following as specified on the retail permit applications: tobacco, tobacco products,
alternative nicotine products, and vapor products.
Business Name
Pink Clouds Smoke Shop
River Bluff Collective
Business Address
4835 Asbury Rd.
uu-
.................... ....... -.................__-------------
168 East 10th St.
Passed, approved, and adopted this 18th day of March 2024.
Brims _.. Cavanagh, Mayor
Attest:
, � W"" -" , &-, " - i'l , �q" ,
Adrienne N. Breitfelder, City Clerk