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Approval of Retail Alcohol LicensesCity of Dubuque City Council Meeting Consent Items # 013. Copyrighted August 19, 2024 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 PD Staff Memo Staff Memo CC Staff Memo Staff Memo CC Class E Memo Staff Memo Resolution Resolutions Masterpiece on the Mississippi Dubuque AIFberka city 2007.2012.2013 2017*2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Retail Alcohol Licenses for the following: Annual Renewals: • Egelhof, Siegert & Casper Funeral Home-2659 JFK Rd. • Hy-Vee 1 Market Cafe-3500 Dodge St. (Cafe Area) • Kwik Stop 72-2255 Kerper Blvd • Los Azteca's Mexican Restaurant-2700 Dodge St • National Mississippi River Museum & Aquarium-350 & 400 East 3rd St • Pete's Thai Kitchen, LLC-609 East 22nd St • Texas Roadhouse-845 Wacker Dr • Tri-State Independent Blind Society Inc.-1068 Cedar Cross Rd • West Dubuque Tap-1701 Asbury Rd New Applications, Provisional Issuances: • The Goose, 920 Main St. • The Fun Station Dubuque, 555 J. F. Kennedy Rd. Suite 400 • Las Margaritas, 1091 Main St. Special Event(s) per Special Event Application Submittal, Provisional Issuances: • Jubeck New World Brewing - Every Wednesday and Saturday from 7-1-24 to 10-30-24, Outdoor service area in connection to Farmers' Markets • Dubuque Main Street - DBQ Fest; 8-7-24 to 8-11-24, Washington Park • Dimensional Brewing; 8-2-24 and 10-12-24, Amending outdoor service to include street area from West 1st St. to end of cul-de- sac • Dubuque Jaycees - Millwork Night Market; 8-8-24 to 8-12-24, East 7th to 9th & Jackson St + East 8th to Elm St. • Dubuque Main Street - Music and More; 8-12-24 to 8-16-24, Town Clock Plaza • Dubuque Irish Hooley; 8-22-24 to 8-26-24, Alliant Amphitheater • Dubuque Jaycees - Church of the Resurrection Annual Festival; 8-15-24 to 8-19-24, 4300 Asbury Rd. - Church Parking Lot • Soat /Weber Wedding; 10-5-24 to 10-9-24, Alliant Amphitheater • United Way of Dubuque Area Tri-State - Over the Edge; 10-12-24 to 10-16-24, 895 Main St. Permanent Premise Transfer: • Next Phase Bar, From 1700 Central Ave. to 600 Central Ave. DATE: August 14, 2024 Chief of Police Jeremy Jensen is recommending City Council approve the retail alcohol license renewals for: Egelhof, Siegert & Casper Funeral Home-2659 JFK Rd., Hy-Vee 1 Market Cafe-3500 Dodge St. (Cafe Area), Kwik Stop 72-2255 Kerper Blvd, Los Azteca's Mexican Restaurant-2700 Dodge St, National Mississippi River Museum & Aquarium-350 & 400 East 3rd St, Pete's Thai Kitchen, LLC-609 East 22nd St, Texas Roadhouse-845 Wacker Dr, Tri-State Independent Blind Society Inc.-1068 Cedar Cross Rd, West Dubuque Tap-1701 Asbury Rd.; and City Clerk Adrienne Breitfelder is recommending City Council approval of the following: New Applications: The Goose, 920 Main St.; The Fun Station Dubuque, 555 J.F. Kennedy Rd. Suite 440; Las Margaritas, 1091 Main St; Special Event(s) per Special Event Application Submittal, Provisional Issuances: Jubeck New World Brewing - Every Wednesday and Saturday from 7-1-24 to 10-30-24, Outdoor service area in connection to Farmers' Markets; Dubuque Main Street - DBQ Fest; 8-7-24 to 8-11-24, Washington Park; Dimensional Brewing; 8-2-24 and 10-12-24, Amending outdoor service to include street area from West 1st St. to end of cul-de-sac; Dubuque Jaycees - Millwork Night Market; 8-8-24 to 8-12-24, East 7th to 9th & Jackson St + East 8th to Elm St. Dubuque Main Street - Music and More; 8-12-24 to 8-16-24, Town Clock Plaza; Dubuque Irish Hooley; 8-22-24 to 8-26-24, Alliant Amphitheater; Dubuque Jaycees - Church of the Resurrection Annual Festival; 8-15- 24 to 8-20-24, 4300 Asbury Rd. - Church Parking Lot; Soat /Weber Wedding; 10-5-24 to 10- 9-24, Alliant Amphitheater; United Way of Dubuque Area Tri-State - Over the Edge; 10-12-24 to 10-16-24, 895 Main St.; Permanent Premise Transfer: Next Phase Bar, From 1700 Central Ave. to 600 Central Ave. I concur with the recommendation and respectfully request Mayor and City Council approval. 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 2 THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi DATE: August 01, 2024 TO: Michael C. Van Milligen City Manager FROM: Jeremy R. Jensen Chief of Police RE: Retail Alcohol Licenses for the following: • Egelhof, Siegert & Casper Funeral Home-2659 JFK Rd. • Hy-Vee 1 Market Cafe-3500 Dodge St. (Cafe Area) • Kwik Stop 72-2255 Kerper Blvd • Los Azteca's Mexican Restaurant-2700 Dodge St • National Mississippi River Museum & Aquarium-350 & 400 East 3rd St • Pete's Thai Kitchen, LLC-609 East 22nd St • Texas Roadhouse-845 Wacker Dr • Tri-State Independent Blind Society Inc.-1068 Cedar Cross Rd • West Dubuque Tap-1701 Asbury 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 Egelhof, Siegert & Casper Funeral Home-2659 JFK Rd. 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. Hy-Vee 1 Market Cafe-3500 Dodge 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. Kwik Stop 72-2255 Kerper Blvd 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. Los Azteca's Mexican Restaurant-2700 Dodge 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. National Mississippi River Museum & Aquarium-350 & 400 East 3rd St 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. Pete's Thai Kitchen, LLC-609 East 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. Texas Roadhouse-845 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. 2 Tri-State Independent Blind Society Inc.-1068 Cedar Cross Rd 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. West Dubuque Tap-1701 Asbury Rd 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: Egelhof, Siegert & Casper Funeral Home-2659 JFK Rd., Hy-Vee 1 Market Cafe-3500 Dodge St. (Cafe Area), Kwik Stop 72-2255 Kerper Blvd, Los Azteca's Mexican Restaurant-2700 Dodge St, National Mississippi River Museum & Aquarium-350 & 400 East 3rd St, Pete's Thai Kitchen, LLC-609 East 22nd St, Texas Roadhouse-845 Wacker Dr, Tri-State Independent Blind Society Inc.-1068 Cedar Cross Rd, West Dubuque Tap-1701 Asbury Rd. ACTION REQUESTED Action requested is for City Council consideration to approve the retail alcohol license. renewals for: Egelhof, Siegert & Casper Funeral Home-2659 JFK Rd., Hy-Vee 1 Market Cafe-3500 Dodge St. (Cafe Area), Kwik Stop 72-2255 Kerper Blvd, Los Azteca's Mexican Restaurant-2700 Dodge St, National Mississippi River Museum & Aquarium- 350 & 400 East 3rd St, Pete's Thai Kitchen, LLC-609 East 22nd St, Texas Roadhouse- 845 Wacker Dr, Tri-State Independent Blind Society Inc.-1068 Cedar Cross Rd, West Dubuque Tap-1701 Asbury Rd. cc: Crenna Brumwell, City Attorney Adrienne N. Breitfelder, City Clerk 3 Masterpiece on the Mississippi Dubuque All -America City 11111' 2007.2012.2013 2017*2019 City Clerk's Office City Hall 50 W. 13th Street Dubuque, IA 52001-4864 (563) 589-4100 office (563) 589-0890 fax ctyclerk@cityofdubuque.org www.cityofdubuque.org TO: Michael C. Van Milligen, City Manager FROM: Adrienne N. Breitfelder, City Clerk DATE: August 14, 2024 SUBJECT: Retail Alcohol License Approvals for the following: New Applications, Provisional Issuances • The Goose, 920 Main St. • The Fun Station Dubuque, 555 J. F. Kennedy Rd. Suite 400 • Las Margaritas, 1091 Main St. Special Event(s) per Special Event Application Submittal, Provisional Issuances • Jubeck New World Brewing - Every Wednesday and Saturday from 7-1-24 to 10-30-24, Outdoor service area in connection to Farmers' Markets • Dubuque Main Street - DBQ Fest; 8-7-24 to 8-11-24, Washington Park • Dimensional Brewing; 8-2-24 and 10-12-24, Amending outdoor service to include street area from West 1st St. to end of cul-de-sac • Dubuque Jaycees - Millwork Night Market; 8-8-24 to 8-12-24, East 7th to 9th & Jackson St + East 8th to Elm St. • Dubuque Main Street - Music and More; 8-12-24 to 8-16-24, Town Clock Plaza • Dubuque Irish Hooley; 8-22-24 to 8-26-24, Alliant Amphitheater • Dubuque Jaycees - Church of the Resurrection Annual Festival; 8-15-24 to 8-19-24, 4300 Asbury Rd. - Church Parking Lot • Soat /Weber Wedding; 10-5-24 to 10-9-24, Alliant Amphitheater • United Way of Dubuque Area Tri-State - Over the Edge; 10-12-24 to 10-16- 24, 895 Main St. Permanent Premise Transfer • Next Phase Bar, From 1700 Central Ave. to 600 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 Masterpiece on the Mississippi Dubuque All -America City 11111' 2007*2012*2013 2017*2019 City Clerk's Office City Hall 50 W. 13th Street Dubuque, IA 52001-4864 (563) 589-4100 office (563) 589-0890 fax ctyclerk@cityofdubuque.org 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: August 14, 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 1 Premise Address Sid's Beverage Store, Inc. 2727 Dodge St. North Side Liquor & Tobacco Unit 2, 2013 Central Ave. Prepared by: Trish Gleason, Assistant City Clerk Effective Date 9/ 1 /2024 9/20/2024 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) 589-4100 RESOLUTION NO. 255-24 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, Provisional Issuances The Goose 1 920 Main St. LThe Fun Station Dubuque i 555 J. F. Kennedy Rd. Suite 400 i Las Margaritas 1 1091 Main St. L Renewals Egelhof, Siegert & Casper Funeral Home 2659 John F. Kennedy Rd. Is Hy-Vee 1 Market Cafe 1_3500 Dodge St. Cafe Area 1 Kwik Stop 72 1 2255 Kerper Blvd. Los Aztecas Mexican Restaurant ' 2700 Dodge St. National Mississippi River Museum & Aquarium 350 & 400 East Third St. i Pete's Thai Kitchen, LLC 609 East 22nd St. i Texas Roadhouse , 845 Wacker Dr. Tri-State Independent Blind Society Inc. - 1068 Cedar Cross Rd. i West Dubuque Tap 1701 Asbury Rd. Special Event(s) per Special Event Application Submittal, Provisional Issuances Jubeck New World Brewing - Every Outdoor service area in connection Wednesday and Saturday from to Farmers' Markets 7-1-24 to 10-30-24 Dubuque Main Street - DBQ Fest; 8-7-24 to 8-11-24 Dimensional Brewing 8-2-24 and 10-12-24 Washington Park Amending outdoor service to include street area from West 1st St. to end of cul-de-sac Dubuque Jaycees - Millwork Night Market; 8-8-24 to 8-12-24 Dubuque Main Street - Music and More; 8-12-24 to 8-16-24 Dubuque Irish Hooley; 8-22-24 to 8-26-24 East 7th to 9th & Jackson St + East 1 Town Clock Plaza 8th to Elm St. Dubuque Jaycees - Church of the Resurrection Annual Festival; 8-15-24 to 8-19-24 Soat /Weber Wedding; 10-5-24 to 10-9-24 United Way of Dubuque Area Tri-State - Over the Edge; 10-12-24 to 10-16-24 Alliant Amphitheater 4300 Asbury Rd. - Church Parking Lot Alliant Amphitheater 895 Main St. Permanent Premise Transfer Next Phase Bar From 1700 Central Ave. to 600 Central Ave. Passed, approved, and adopted this 19th day of August 2024. Brad M n avanagh, Mayor Attest: _`/'%fifi6'`�ilir' Adrienne N. Breitfelder, City Clerk