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Approval of Retail Alcohol LicensesCopyrighted June 17, 2024 City of Dubuque Consent Items # 031. 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 License Staff Memo Retail Liquor License Memo Staff Memo Resolution Resolutions Class E Memo Supporting Documentation THE C DUj!BQTE 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: • 7 Hills Brewing Co, LLC, 1085 Washington St. • Adobo's Mexican Grill, 756 Main St. • American Legion Post 6, 1306 Delhi St. • Beecher Wine & Spirit, 1691 Asbury Rd. • Diamond Jo Casino, 301 Bell St. • Dubuque Bowling Lanes, 1029'/2 Main St. • Fischer Lanes, 880 Locust St. • Five Flags Center, 405 Main St. • Jubeck New World Brewing, 115 West 11th St. • Kwik Star 236, 2035 JFK Rd. • Los Azteca's, 2345 NW Arterial • Oolong Asia Cuisine, 145 West 11th • Paul's Tavern, 176 Locust St. • Pioneer Rest Area, 4900 Old Highway Rd. • Smokestack, 62 East 7th St. • The Grand Opera House, 135 West 8th St. New Applications • E.J's Wine Shop, 955 Washington St. • Jester's Lounge, 333 East 10th St. LL6 Special Event(s) Der Special Event Application Submittal: Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 • Dimensional Brewing - Expanding outdoor service: 6-11-24, 6-12- 24, 1 block of Main St. from West 1st St, south to the end of Main, in conjunction with Travel Dubuque Special Event • E3021 — UD Party with Sparty - 6-25-24 to 6-29-24, Patio between Algona and McCormick Streets, formally Grace Street. Rain Location — Welcome Center Lobby. • Jubeck New World Brewing Expanding outdoor service: 6-1-24, 6-8- 24, 6-15-24, 115 West 11 th St. DATE: June 11, 2024 Chief of Police Jeremy Jensen is recommending City Council approve the retail alcohol license renewals for: 7 Hills Brewing Co, LLC, 1085 Washington St. Adobo's Mexican Grill, 756 Main St., American Legion Post 6, 1306 Delhi St., Beecher Wine & Spirit, 1691 Asbury Rd., Diamond Jo Casino, 301 Bell St., Dubuque Bowling Lanes, 1029 1/2 Main St., Fischer Lanes, 880 Locust St., Five Flags Center, 405 Main St., Jubeck New World Brewing, 115 West 11th St., Kwik Star 236, 2035 JFK Rd., Los Azteca's, 2345 NW Arterial, Oolong Asia Cuisine, 145 West 1lth., Paul's Tavern, 176 Locust St., Pioneer Rest Area, 4900 Old HWY Rd., Smokestack, 62 East 7th St., The Grand Opera House, 135 West 8th St.; and City Clerk Adrienne Breitfelder is recommending approval for New Application from E.J's Wine Shop, 955 Washington St.; Jester's Lounge, 333 East loth St. 1-1-6; and Special Event per Special Event Application for Dimensional Brewing - Expanding outdoor service: 6-11-24, 6-12-24, 1 block of Main St. from West 1 st St, south to the end of Main, in conjunction with Travel Dubuque Special Event; and Jubeck New World Brewing Expanding outdoor service: 6- 1-24, 6-8-24, 6-15-24, 115 West 11 th St.. I concur with the recommendations 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 Trish Gleason, Assistant City Clerk THE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM DATE: May 14, 2024 TO: Michael C. Van Milligen City Manager FROM: Jeremy R. Jensen Chief of Police RE: Retail Alcohol Licenses for the following: • 7 Hills Brewing Co, LLC, 1085 Washington St. • Adobo's Mexican Grill, 756 Main St. • American Legion Post 6, 1306 Delhi St. • Beecher Wine & Spirit, 1691 Asbury Rd. • Diamond Jo Casino, 301 Bell St. • Dubuque Bowling Lanes, 1029'/z Main St. • Fischer Lanes, 880 Locust St. • Five Flags Center, 405 Main St. • Jubeck New World Brewing, 115 West 11th St. • Kwik Star 236, 2035 JFK Rd. • Los Azteca's, 2345 NW Arterial • Oolong Asia Cuisine, 145 West 11th • Paul's Tavern, 176 Locust St. • Pioneer Rest Area, 4900 Old Highway Rd. • Smokestack, 62 East 7th St. • The Grand Opera House, 135 West 8th 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. 1 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 DISCUSSION 7 Hills Brewing Co, LLC, 1085 Washington St. Since the last renewal date there have been 1 call for service to the establishment. There were 0 disturbance, 0 crimes against persons, 0 crime against property, and 1 public morals call. Additionally, there were 1 individual violation and 0 violation against the business. DPD Case # I Type of Call/Circumstances I Disposition 2022004698 1 PUBLIC INTOX JARREST Adobo's Mexican Grill, 756 Main St. Since the last renewal date there have been 0 calls for service to the establishment. There were 0 disturbances, 0 crime against persons, 0 crimes against property, and 0 public morals call. Additionally, there were 0 individual violation and 0 violations against the business. American Legion Post 6, 1306 Delhi St. Since the last renewal date there have been 3 calls for service to the establishment. There were 1 disturbance, 1 crime against persons, 0 crimes against property, and 1 public morals call. Additionally, there were 2 individual violation and 0 violations against the business. DPD Case # Type of Call/Circumstances Disposition 2023-002111 Assault Arrest 2023-008639 Public Intox Arrest 23105571 Disturbance Report Taken 2 Beecher Wine & SDirit. 1691 Asbury Rd Since the last renewal date there have been 4 calls for service to the establishment. There were 1 disturbance, 1 crime against persons, 2 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 2022-006961 Theft Report Taken 2022-007336 Assault Report Taken 2023-004120 Theft Arrest 23065439 Disturbance Report Taken Diamond Jo Casino, 301 Bell St Since the last renewal date there have been 13 calls for service to the establishment. There were 0 disturbance, 9 crimes against persons, 3 crimes against property, and 7 public morals call. Additionally, there were 2 individual violation and 3 violations against the business. DPD Case # Type of CaUlCircumstances Disposition 2022-003021 Harassment Report Taken 2022-003506 Possession of Controlled Substance Report Taken 2022-006068 Assault, Public Intox Arrest 2023-000883 Assault Arrest 2023-001636 Controlled Substance Arrest 2023-001918 Controlled Substance Arrest 2023-003323 Controlled Substance Arrest 2023-003359 Theft Report Taken 2023-008545 Theft Report Taken 2024-000913 Theft Arrest 2024-001980 Controlled Substance Arrest 2024-002791 Controlled Substance Arrest 2024-002813 Controlled Substance Arrest Dubuque Bowling Lanes, 1029'/2 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. Fischer Lanes, 880 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. 3 Five Flags Center, 405 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 Jubeck New World Brewing, 115 West 11 th 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 Kwik Star 236, 2035 JFK Rd Since the last renewal date there have been 9 calls for service to the establishment. There were 1 disturbance, 0 crimes against persons, 0 crimes against property, and 0 public morals calls. Additionally, there were 4 individual violations and 7 violations against the business DPD Case # Type of Call/Circumstances Disposition 22036414 Theft Report Taken 22045099- 22045100 Disturbance Report Taken 2022-005562 Theft Arrest 2022-005581 Theft Arrest 2023-001389 Theft Arrest 2023-002104 Theft Report Taken 2023-002402 Theft Report Taken 2023-006511 Theft Arrest 2023-009237 Theft Report Taken Los Azteca's, 2345 NW Arterial 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 Oolong Asia Cuisine, 145 West 11th 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 Paul's Tavern, 176 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 12 Pioneer Rest Area, 4900 Old Highway Rd 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 0 individual violations and 0 violations against the business DPD Case # I Type of Call/Circumstances Disposition 23048715 Theft Report Taken 23065347 Theft Report Taken Smokestack, 62 East 7th 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 The Grand Opera House, 135 West 8th 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 RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the annual retail alcohol licenses for: 7 Hills Brewing Co, LLC, 1085 Washington St. Adobo's Mexican Grill, 756 Main St., American Legion Post 6, 1306 Delhi St., Beecher Wine & Spirit, 1691 Asbury Rd., Diamond Jo Casino, 301 Bell St., Dubuque Bowling Lanes, 1029'/2 Main St., Fischer Lanes, 880 Locust St., Five Flags Center, 405 Main St., Jubeck New World Brewing, 115 West 11th St., Kwik Star 236, 2035 JFK Rd., Los Azteca's, 2345 NW Arterial, Oolong Asia Cuisine, 145 West 11 th., Paul's Tavern, 176 Locust St., Pioneer Rest Area, 4900 Old HWY Rd., Smokestack, 62 East 7th St., The Grand Opera House, 135 West 8th St. ACTION REQUESTED Action requested is for City Council consideration to approve the retail alcohol license. renewals for: 7 Hills Brewing Co, LLC, 1085 Washington St. Adobo's Mexican Grill, 756 Main St., American Legion Post 6, 1306 Delhi St., Beecher Wine & Spirit, 1691 Asbury Rd., Diamond Jo Casino, 301 Bell St., Dubuque Bowling Lanes, 1029'/2 Main St., Fischer Lanes, 880 Locust St., Five Flags Center, 405 Main St., Jubeck New World Brewing, 115 West 11th St., Kwik Star 236, 2035 JFK Rd., Los Azteca's, 2345 NW Arterial, Oolong Asia Cuisine, 145 West 11 th., Paul's Tavern, 176 Locust St., Pioneer Rest Area, 4900 Old HWY Rd., Smokestack, 62 East 7th St., The Grand Opera House, 135 West 8th St. cc: Crenna Brumwell, City Attorney 5 Adrienne N. Breitfelder, City Clerk Dubuque City Clerk's Office THE CITY OF City Hall -iAll•America DT T�J B13 City 50 W. 13th Street Dubuque, I 52001-4864 (563) 589-4100 office J—r (563) 589-0890 fax Masterpiece on the Mississippi 2007.2012.2013 2017*2019 ctyclerk@cityofdubuque.org www.cityofdubuque.org TO: Michael C. Van Milligen, City Manager FROM: Adrienne N. Breitfelder, City Clerk DATE: June 10, 2024 SUBJECT: Retail Alcohol License Approvals for the following: New Applications • E.J's Wine Shop, 955 Washington St. • Jester's Lounge, 333 East 10t" St. LL6 Special Event(s) Der Special Event Application Submittal. Provisional Issuances • Dimensional Brewing - Expanding outdoor service: 6-11-24, 6-12-24, 1 block of Main St. from West 1 st St, south to the end of Main, in conjunction with Travel Dubuque Special Event • E3021 — UD Party with Sparty - 6-25-24 to 6-29-24, Patio between Algona and McCormick Streets, formally Grace Street. Rain Location — Welcome Center Lobby. • Jubeck New World Brewing Expanding outdoor service: 6-1-24, 6-8-24, 6-15- 24, 115 West 11 th St. 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. Sreitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 194-24 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 E.J's Wine Shop 955 Washington St. Jesters Lounge 333 East 101h St LL6 Renewals 7 Hills Brewing Co, LLC 1085 Washington St. & 1098 Jackson St. Adobo's Mexican Grill 756 Main St American Legion Post 6 1306 Delhi St. Beecher Wine and Spirit 1691 Asbury Rd. Diamond Jo Casino 301 Bell St. Dubuque Bowling Lanes 1029 112 Main St. Fischer Lanes 880 Locust St. Five Flags Center 405 Main St. Fox Den Motel 920 Main St. Jubeck New World Brewing LLC 115 West 11th St. Kwik Star 236 2035 John F. Kennedy Rd Los Aztecas lii Mexican Restaurant 2345 NW Arterial Oolong Asia Cuisine 145 West 11th Paul's Tavern 176 Locust St. Pioneer's Rest Area 4900 Old Highway Rd. Smokestack 62 East 7th St. The Grand Opera House 135 West 8th St. Special Event(s) per Special Event Application Submittal, Provisional Issuances Dimensional Brewing - Expanding outdoor service: 1 block of Main St. from West 6-11-24, 6-12-24 1 st St, south to the end of Main, in conjunction with Travel Dubuque Special Event E3021 — UD Party with Sparty - 6-25-24 to 6-29-24 Patio between Algona and McCormick Streets, formally Grace Street. Rain Location — Welcome Center Lobby Jubeck New World Brewing Expanding outdoor 115 West 11 th St. service: 6-1-24, 6-8-24, 6-15-24, 6-29-24 Passed, approved, and adopted this 17th day of June 2024. B 5'd--" f- avanagh, 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: June 10, 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 : ....................................... Hy-Vee Fast And Fresh 1 .......................................................................................................................................................................................... 3270 Dodge St. ................................................................................................................... 6/18/2024 ........................................................ Hartig Drug Company 2 157 Locust St. 6/22/2024: ............................................... Hy-Vee Wine & Spirits A"" .......................................................................................................................................................................................... 3500 Dodge St. Store Area. ................................................................................................................... 7/5/2024 .............................................................................................................................................................................................................................................................:................................................................................................................... Walgreens 11942 345 East 20th St. 7/7/2024 Prepared by: Trish Gleason, Assistant City Clerk