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Approval of Retail Alcohol LicensesCopyrighted July 15, 2024 City of Dubuque Consent Items # 014. 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 Memo on Retail Alcohol License Approvals Staff Memo Resolution Resolutions Class E Memo 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: • 1 st & Main, 101 Main St. • Applebee's, 1395 Associates Dr. • Bell Tower Productions, 2728 Asbury Rd. • House of China, 170 JFK Rd. • Kwik Star #495, 2685 Dodge St. • Shannon's Bar & Grill, 521 E. 22nd St. The Lift, 180 Main St. Vinny Vanucchis Little Italy, 164 Main St. Walnut Tap, 709 University Ave Dubuque All -America City IN 2007.2012.2013 2017*2019 Special Event(s) per Special Event Application Submittal, Provisional Issuances Dubuque Jaycees, Millwork Night Market, 6-9-24 to 6-13-24 and 7- 7-24 to 7-11-24, East 7th to 9th & Jackson St + East 8th to Elm Street Kwik Stop 16th Street #325, 6-29-24 to 7-3-24, 1210 East 16th Street Parking Lot Event DATE: July 10, 2024 Chief of Police Jeremy Jensen is recommending City Council approve the retail alcohol license renewals for: 1 st & Main, 101 Main St. Applebee's, 1395 Associates Dr. Bell Tower Productions, 2728 Asbury Rd. House of China, 170 JFK Rd. Kwik Star #495, 2685 Dodge St. Shannon's Bar & Grill, 521 E. 22nd St. The Lift, 180 Main St. Vinny Vanucchis Little Italy, 164 Main St. Walnut Tap, 709 University Ave; and City Clerk Adrienne Breitfelder is recommending City Council approval of the following Special Event(s) per Special Event Application Submittal, Provisional Issuances: Dubuque Jaycees, Millwork Night Market, 6-9-24 to 6-13-24 and 7-7-24 to 7-11-24, East 7th to 9th & Jackson St + East 8th to Elm Street and Kwik Stop 16th Street #325, 6-29-24 to 7- 3-24, 1210 East 16th Street Parking Lot Event. 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 Trish Gleason, Assistant City Clerk THE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM DATE: June 26, 2024 TO: Michael C. Van Milligen City Manager FROM: Jeremy R. Jensen Chief of Police RE: Retail Alcohol Licenses for the following: • 1 st & Main, 101 Main St. • Applebee's, 1395 Associates Dr. • Bell Tower Productions, 2728 Asbury Rd. • House of China, 170 JFK Rd. • Kwik Star #495, 2685 Dodge St. • Shannon's Bar & Grill, 521 E. 22nd St. • The Lift, 180 Main St. • Vinny Vanucchis Little Italy, 164 Main St. • Walnut Tap, 709 University Ave 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 1 st & Main, 101 Main St. Since the last renewal date there have been 23 calls for service to the establishment. There were 2 disturbance, 16 crimes against persons, 0 crime against property, and 10 public morals call. Additionally, there were 14 individual violation and 0 violation against the business. DPD Case # Type of Call/Circumstances Disposition 22042759 Disturbance Report Taken 22049202 Public Intoxication Arrest 2022-005009 Public Intoxication Arrest 2022-005144 Public Intoxication Arrest 2022-005145 Assault Report Taken 2022-005912 Public Intoxication Arrest 2022-006208 Public Intoxication Arrest 2022-006231 Public Intoxication Arrest 2022-008741 Assault Report Taken 2023-000496 Assault Arrest 2023- 004811 /2023- 004810 Assault Arrest 2023-005835 Assault Arrest 2023-005834 Assault Arrest 2023-005833 Assault Arrest 2023-007386 Assault Report Taken 2023-007579 Assault Report Taken 2023-008254 Assault Arrest 2023-008323 Assault Report Taken 2023-008508 Assault, Public Intox Arrest 2023-008637 Assault, Public Intox Arrest 2023-008638 Public Intox Arrest 2024-000003 Disorderly Behavior, Public Intox Arrest 2024-000011 Assault Report Taken lebee's, 1395 Associates Dr. Since the last renewal date there have been 1 call for service to the establishment. There were 0 disturbances, 0 crime against persons, 1 crime against property, and 0 public morals call. Additionally, there were 0 individual violation and 1 violation against the business. DPD Case # Type of Call/Circumstances Disposition 2023-008850 Theft Report Taken Bell Tower Productions, 2728 Asbury Rd. 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. House of China, 170 JFK Rd. 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. Kwik Star #495, 2685 Dodge St. Since the last renewal date there have been 6 calls for service to the establishment. There were 1 disturbance, 1 crime against persons, 3 crimes against property, and 0 public morals call. Additionally, there were 0 individual violation and 3 violations against the business. DPD Case # Type of Call/Circumstances Disposition 2022-003187 Harassment Arrest 2022-006704 Theft Report Taken 2023-000050 Criminal Mischief -Fake Money Report Taken 2023-007369 Theft Arrest 2023-007389 Disturbance Arrest 2024-000881 Theft Report Taken Shannon's Bar & Grill, 521 E. 22nd 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 Lift, 180 Main St. Since the last renewal date there have been 5 calls for service to the establishment. There were 1 disturbance, 0 crimes against persons, 2 crimes against property, and 2 public morals calls. Additionally, there were 0 individual violations and 0 violations against the business. DPD Case # Type of Call/Circumstances Disposition 2023-000796 Disturbance Report Taken 2023-001271 Theft Report Taken 2023-003988 Public Intox, Possession of controlled substance Arrest 2023-008181 Theft Report Taken 2023-007153 Public Intox, Possession of controlled substance Arrest 3 Vinny Vanucchis Little Italy, 164 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 Walnut Tao. 709 Universitv 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 RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the annual retail alcohol licenses for: 1 st & Main, 101 Main St. Applebee's, 1395 Associates Dr. Bell Tower Productions, 2728 Asbury Rd. House of China, 170 JFK Rd. Kwik Star #495, 2685 Dodge St. Shannon's Bar & Grill, 521 E. 22nd St. The Lift, 180 Main St. Vinny Vanucchis Little Italy, 164 Main St. Walnut Tap, 709 University Ave ACTION REQUESTED Action requested is for City Council consideration to approve the retail alcohol license. renewals for: 1 st & Main, 101 Main St. Applebee's, 1395 Associates Dr. Bell Tower Productions, 2728 Asbury Rd. House of China, 170 JFK Rd. Kwik Star #495, 2685 Dodge St. Shannon's Bar & Grill, 521 E. 22nd St. The Lift, 180 Main St. Vinny Vanucchis Little Italy, 164 Main St. Walnut Tap, 709 University Ave cc: Crenna Brumwell, City Attorney Adrienne N. Breitfelder, City Clerk 12 Dubuque City Clerk's Office THE CITY OF City Hall BE3QTE AII-America City 1 I I 1 50 W. 13" Street (563)5 e, IA9-41 52001-4864 DubuqDU (563) 589-4100 office I I (563) 589-0890 fax ctyclerk@cityofdubuque.org Masterpiece on the M2SSZSSippi 20o7-2012.2013 2017*2019 www.cityofdubuque.org TO: Michael C. Van Milligen, City Manager FROM: Adrienne N. Breitfelder, City Clerk DATE: July 10, 2024 SUBJECT: Retail Alcohol License Approvals for the following: Special Event(s) per Special Event Application Submittal, Provisional Issuances • Dubuque Jaycees, Millwork Night Market, 6-9-24 to 6-13-24 and 7-7-24 to 7-11-24, East 7th to 9th & Jackson St + East 8th to Elm Street • Kwik Stop 16th Street #325, 6-29-24 to 7-3-24, 1210 East 16th Street Parking Lot Event 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 Tnah L. Gleason Asst. City CIeA, 50 W. 13th St., Dubuque, IA 52001.158315aP1100 Retum to A&enne N. Breitlelder, City Cie*, NW. 13th St., Dubuque, IA 52001,(553) 589 4100 RESOLUTION NO. 228-24 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: Renewals 1st & Main 101 -123 Main St. A lebee's Nei hborhood Grill And Bar 1395 Associates Dr. Bell Tower Productions 2728 Asbury Rd. House Of China Co 170 John F. Kennedy Rd Kwik Star 495 2685 Dodge St. Shannon's Bar & Grill 521 East 22nd St. The Lift 180 Main St. VmnV Vanucchis Little Italy 164 Main St. Walnut Tap Tavern 709 University Ave. Special Event(s) per Special Event Application Submittal, Provisional Issuances !. Dubuque Jaycees, Millwork Night Market, 6-9-24 to 6-13-24 and 7-7-24 to 7-11-24 I East 7th to 9th & Jackson St + East 8th to 1 Elm Street Kwik Stop 16th Street #325, 6-29-24 to 7- 3-24 1210 East 16th Street Parking Lot Event Passed, approved, and adopted this 150 day of July 2024. Brad M g , Mayor Attest: Trish L. Gleason, Assistant City Clerk THE CITY OF DUB E Masterpiece on the Mississippi Dubuque City Clerk's Office " City Hall All•Amulca Cfl 50 W. 13th Street 141 Dubuque,lA 52001-4864 I ti (563) 589-4100 office (563) 589-0890 fax 2007-2012.2013 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: July 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. Prepared by: Trish Gleason, Assistant City Clerk