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Alcohol Compliance Settlement Agreement_Gin Rickey's BarMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Gin Rickey's DATE: May 1, 2012 Dubuque bierd All-America City 1 2007 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Gin Rickey's, 1447 Central Avenue. 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 Dasling, Chief of Police DATE April 26, 2012 SUBJECT Settlement Agreement- Gin Rickey's 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 Gin Rickey's BACKGROUND Gin Rickey's has a liquor license for its establishment at 1447 Central Avenue in the City of Dubuque On January 15, 2012 the Dubuque Police Department did an alcohol compliance check at Gin Rickey's 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 Gin Rickey's 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 Dalsing cc Crenna Brumwell ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Alcohol Compliance — 1st Violation RE: Gin Rickeys HE -FR Ltd. 1447 Central Avenue 1447 Central Avenue Dubuque IA 52001 Dubuque, IA 52001 I, , on behalf of Gin Rickeys, hereby knowingly and voluntar ackno ledge that: a) Gin Rickeys received the Notice of Hearing regarding the above referenced case. b) Gin Rickeys admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Gin Rickeys waives a public hearing and submits to the statutory penalties prescribed by law. d) Gin Rickeys understands that this violation will count as an official "First Violation — Alcohol Compliance" of Iowa Code §123.49, pursuant to Iowa Code §123.50 and City of Dubuque Code of Ordinances §4- 2B -16. Gin Rickeys has a liquor license for 1447 Central Avenue. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number January 15, 2012 Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Gin Rickeys 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, Gin Rickeys chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Gin Rickevs Signature Signature doe \ €e\ Name — Please Print Name — Please Print Date 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 Gin Rickeys to the City of Dubuque — City Clerk's Office. PASSED AND APPROVED this 7th day of May , 2012 l� Roy D. ol, Mayor Attest: /, Ke n irnstahl, Cl Clerk