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Approval of Retail Alcohol LicensesCity of Dubuque City Council Meeting Consent Items # 018. Copyrighted September 16, 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 Retail Liquor License Staff Memo Staff Memo Staff Memo Resolution Resolutions Class E Memo Supporting Documentation 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: Annual Renewals: • Chipotle Mexican Grill, 3450 Dodge St, Ste 101. • Denny's Lux Club, 3050 Asbury Rd • Fat Tuesday's, 1121 University Ave • Fiesta Cancun, 2515-1 NW Arterial • Grand Tap, 802 Central Ave • Red Robin, 2775 NW Arterial • South End Tap, 55 Locust St • The Copper Kettle Inc.,2987 Jackson St • First Reserve, 210 West 1st St. New Applications, Provisional Issuances: • Betty Jane Candies, 1785 John F. Kennedy Rd. Dubuque AIFberka city 111111 2007.2012.2013 2017*2019 Special Event(s) per Special Event Application Submittal, Provisional Issuances: • Aladdin Campus Dining — UD Football Games - 9-4-24 to 9-8-24, 9-19-24 to 9-23-24, 10-5-24 to 10-9-24, 10-26-24 to 10-30-24, 11- 9-24 to 11-13-24, UD Tent area and front parking lot between West Street and McCormick Street Extension • Dubuque Jaycees - Millwork Night Market — 9-8-24 to 9-12-24, East 7th to 9th & Jackson St + East 8th to Elm Street • Dubuque Jaycees — Octoberfest — 9-10-24 to 9-14-24, 10th Street from Jackson to Elm & Washington Street midway between East 11 th and East 9th Streets • Q Casino - Dubuque Fighting Saints Opening — 9-3-24 to 9-7-24, 1855 Greyhound Park Rd. - Parking Lot Adding a Privilege: • Stone Cliff Winery - Adding Catering, 600 Star Brewery Dr. DATE: September 11, 2024 Chief of Police Jeremy Jensen is recommending City Council approve the retail alcohol license renewals for: Chipotle Mexican Grill, 3450 Dodge St, Ste 101.Denny's Lux Club, 3050 Asbury Rd, Fat Tuesday's, 1121 University Ave, Fiesta Cancun, 2515-1 NW Arterial, Grand Tap, 802 Central Ave, Red Robin, 2775 NW Arterial, South End Tap, 55 Locust St, The Copper Kettle Inc.,2987 Jackson St, First Reserve, 210 West 1st St..; and City Clerk Adrienne Breitfelder is recommending City Council approval of the following: New Applications: Betty Jane Candies, 1785 John F. Kennedy Rd.; Special Event(s) per Special Event Application Submittal, Provisional Issuances: Aladdin Campus Dining — UD Football Games - 9-4-24 to 9-8-24, 9-19-24 to 9-23-24, 10-5-24 to 10-9-24, 10-26-24 to 10-30-24, 11- 9-24 to 11-13-24, UD Tent area and front parking lot between West Street and McCormick Street Extension; Dubuque Jaycees - Millwork Night Market — 9-8-24 to 9-12-24, East 7th to 9th & Jackson St + East 8th to Elm Street; Dubuque Jaycees — Octoberfest — 9-10-24 to 9- 14-24, 10th Street from Jackson to Elm & Washington Street midway between East 11 th and East 9th Streets; Q Casino - Dubuque Fighting Saints Opening — 9-3-24 to 9-7-24, 1855 Greyhound Park Rd. - Parking Lot; Adding a Privilege: Stone Cliff Winery - Adding Catering, 600 Star Brewery Dr. 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: September 04, 2024 TO: Michael C. Van Milligen City Manager FROM: Jeremy R. Jensen Chief of Police RE: Retail Alcohol Licenses for the following: • Chipotle Mexican Grill, 3450 Dodge St, Ste 101. • Denny's Lux Club, 3050 Asbury Rd • Fat Tuesday's, 1121 University Ave • Fiesta Cancun, 2515-1 NW Arterial • Grand Tap, 802 Central Ave • Red Robin, 2775 NW Arterial • South End Tap, 55 Locust St • The Copper Kettle Inc.,2987 Jackson St • First Reserve, 210 West 1st 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 Chipotle Mexican Grill, 3450 Dodge St, Ste 101 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. Denny's Lux Club, 3050 Asbury Rd 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 1 public morals call. Additionally, there were 0 individual violations and 0 violations against the business. 2024-001797 Public Intox-Arrest Fat Tuesday's, 1121 University 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. Fiesta Cancun, 2515-1 NW Arterial 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. Grand Tap, 802 Central Ave 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. Red Robin, 2775 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. 2 South End Tap, 55 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. The Copper Kettle Inc.,2987 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. First Reserve, 210 West 1st St. Since the last renewal date there have been 2 calls for service to the establishment. There were 2 disturbances, 0 crimes against persons, 0 crimes against property, and 1 public morals call. Additionally, there were 0 individual violations and 0 violations against the business. 2024-001926 Disturbance -Police Report Taken -Warrant 2024-002948 Disturbance -Police Report Taken RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the annual retail alcohol licenses for: Chipotle Mexican Grill, 3450 Dodge St, Ste 101. Denny's Lux Club, 3050 Asbury Rd, Fat Tuesday's, 1121 University Ave, Fiesta Cancun, 2515-1 NW Arterial, Grand Tap, 802 Central Ave, Red Robin, 2775 NW Arterial, South End Tap, 55 Locust St, The Copper Kettle Inc.,2987 Jackson St First Reserve, 210 West 1st St. ACTION REQUESTED Action requested is for City Council consideration to approve the retail alcohol license. renewals for: Chipotle Mexican Grill, 3450 Dodge St, Ste 101.Denny's Lux Club, 3050 Asbury Rd, Fat Tuesday's, 1121 University Ave, Fiesta Cancun, 2515-1 NW Arterial, Grand Tap, 802 Central Ave, Red Robin, 2775 NW Arterial, South End Tap, 55 Locust St, The Copper Kettle Inc.,2987 Jackson St, First Reserve, 210 West 1st St. cc: Crenna Brumwell, City Attorney Adrienne N. Breitfelder, City Clerk 3 4 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: September 11, 2024 SUBJECT: Retail Alcohol License Approvals for the following: New Applications • Betty Jane Candies, 1785 John F. Kennedy Rd. Special Event(s) per Special Event Application Submittal, Provisional Issuances • Aladdin Campus Dining — UD Football Games - 9-4-24 to 9-8-24, 9-19-24 to 9-23-24, 10-5-24 to 10-9-24, 10-26-24 to 10-30-24, 11-9-24 to 11-13-24, UD Tent area and front parking lot between West Street and McCormick Street Extension • Dubuque Jaycees - Millwork Night Market — 9-8-24 to 9-12-24, East 7th to 9th & Jackson St + East 8th to Elm Street • Dubuque Jaycees — Octoberfest — 9-10-24 to 9-14-24, 10th Street from Jackson to Elm & Washington Street midway between East 11 th and East 9th Streets • Q Casino - Dubuque Fighting Saints Opening — 9-3-24 to 9-7-24, 1855 Greyhound Park Rd. - Parking Lot Adding A Privilege • Stone Cliff Winery - Adding Catering, 600 Star Brewery 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. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 293-24 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 Betty Jane Candies 1785 John F. Kennedy Rd. Renewals Chipotle Mexican Grill 3450 Dodge St. Suite 101 Denny's Lux Club 3050 Asbury Rd. Fat Tuesday's 1121 University Ave. Fiesta Cancun Authentic Mexican Restaurant 2515-1 NW Arterial First Reserve 210 West 1st St. Grand Tap The 802 Central Ave. Red Robin America's Gourmet Burgers & Spirits 2775 NW Arterial Southend Tap 55 Locust St. The Copper Kettle Inc. 2987 Jackson St. Special Event(s) per Special Event Application Submittal, Provisional Issuances Aladdin Campus Dining — UD Football Games - 9-4-24 to 9-8-24, 9-19-24 to 9-23-24, 10-5-24 to 10- 9-24, 10-26-24 to 10-30-24, 11-9-24 to 11-13-24 UD Tent area and front parking lot between West Street and McCormick Street Extension Dubuque Jaycees - Millwork Night Market — 9-8-24 to 9-12-24 East 7th to 9th & Jackson St + East 8th to Elm Street Dubuque Jaycees — Octoberfest — 9-10-24 to 9-14-24 10th Street from Jackson to Elm & Washington Street midway between East 11th and East 9th Streets Q Casino - Dubuque Fighting Saints Opening — 9-3-24 to 9-7-24 1855 Greyhound Park Rd. - Parking Lot Adding A Privilege Stone Cliff Winery - Adding Catering 600 Star Brewery Dr. Passed, approved, and adopted this 16th day of September 2024. Bra• ► - avanagh, Mayor Attest: Adrienne N. Breitfelder,tity 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: September 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. Name of Business DBA :....................................................................................................................................................................... .....EZ... Stop ....I............................................................................................................. Big 10 Mart 12 Big 10 Mart 11 .................................................................................... Eagle Country Market ......................................... WaI-Mart Supercenter 2004 Premise Address :........................................................................................................................................... 700 Rhom, be rg.._Ave......................... ..._405..._Rhom berg.._Ave......................... ..._3300 Asbury Rd. 1800 Elm St. :........................................................................................................................................... 4200 Dodge St. Prepared by: Trish Gleason, Assistant City Clerk ....................__..................................................................................... Effective Date :............................................................................................................ : 10/1/2024 ............................................................. 10/1/2024 :............................................................ 10/1/2024 ............................................................. 10/14/2024 :............................................................ 10/20/2024