Alcohol Compliance Settlement Agreement_Fiesta CancunMasterpiece on the Mississippi
Dubuque
bierd
All-America City
1
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Fiesta Cancun Authentic Mexican Restaurant
DATE: April 24, 2012
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Fiesta Cancun Authentic Mexican Restaurant, 2515 -1
Northwest Arterial, Dubuque, Iowa.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark M. Dalsing, Chief of Police
Masterpiece on the Mississippi
TO Michael C Van Milligen, City Manager
FROM Mark M Dalsing, Chief of Police
DATE April 23, 2012
SUBJECT Settlement Agreement- Fiesta Cancun Authentic Mexican Restaurant
Dubuque
had
NI- America City
'I 1 1 I'
2007
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Fiesta Cancun Authentic Mexican
Restaurant
BACKGROUND
Fiesta Cancun Authentic Mexican Restaurant has a liquor license for its establishment at 2515 -1 NW Arterial in the City of
Dubuque On Apri15,2012 the Dubuque Police Department did an alcohol compliance check at Fiesta Cancun Authentic
Mexican Restaurant and an employee sold alcohol to underage youth compliance monitors
DISCUSSION
City Council has directed that staff work with license and permit holders to serve suspensions &penalties in a flexible way
Fiesta Cancun Authentic Mexican Restaurant has chosen to pay a $500 fine for a first violation and has submitted payment
to the City Clerk's Office
RECOMMENDATION
The City Legal Department and the Police Department have reviewed the agreement and concur with the requirements
ACTION TO BE TAKEN
City Manager review, City Council approval, and Mayor Buol signature of the attached Acknowledgment /Settlement
Agreement
Prepared by
Mark Da!sing
cc
Crenna Brumwell
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Alcohol Compliance — 1st Violation
RE: Fiesta Cancun Authentic
Mexican Restaurant
2515 -1 NW Arterial
Dubuque, IA 52001
Fiesta Cancun Authentic
Mexican Restaurant
2515 -1 NW Arterial
Dubuque, IA 52001
I, Alfredo Luna , on behalf of Fiesta Cancun Authentic Mexican
Restaurant, hereby knowingly and voluntarily acknowledge that:
a) Fiesta Cancun Authentic Mexican Restaurant received the Notice of
Hearing regarding the above referenced case.
b) Fiesta Cancun Authentic Mexican Restaurant admits that the facts and
allegations contained in the Complaint, which is attached hereto and
incorporated herein by reference, are true and correct.
c) Fiesta Cancun Authentic Mexican Restaurant waives a public hearing and
submits to the statutory penalties prescribed by law.
d) Fiesta Cancun Authentic Mexican Restaurant understands that this
violation will count as an official "First Violation — Alcohol Compliance" of City of
Dubuque Code of Ordinances §4 -2A -3, pursuant to Iowa Code §123.50 and City
of Dubuque Code of Ordinances §4- 2B -16.
Fiesta Cancun Authentic Mexican Restaurant has a liquor license for 2515 -1 NW
Arterial. Violation of the liquor license occurred as follows:
Violation Date
April 5, 2012
Violation Type Violation Number
Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Fiesta Cancun Authentic Mexican Restaurant is subject to the following:
1) A five hundred dollar ($500.00) fine
OR
2) A fourteen (14) day suspension of the liquor license.
In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-
2B -16, Fiesta Cancun Authentic Mexican Restaurant chooses one of the following
penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Fiesta Cancun thentic Mexican Restaurant
gnatu 4 ` Signature
1 N Ii0c
— Please Print
Name — Please Print
Date
NOTE: This must be signed by an individual alcohol licensee, or in the case of another business entity, by
individual(s) who have authority to bind the entity.
THEREFORE, in lieu of a public hearing, the City of Dubuque City Council
hereby orders that the foregoing civil penalty has been remitted by Fiesta Cancun
Authentic Mexican Restaurant to the City of Dubuque — Police Department.
PASSED AND APPROVED this 7th day of May
Lc,/
Roy D. BSI, Mayor
Attest:
,2012 .