Alcohol Compliance Settlement Agreement_Kalmes Breaktime BarACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Alcohol Compliance — 2 "d Violation
RE: Kalmes Breaktime Bar and Grill
1097 Jackson Street
Dubuque, IA 52001
Kalmes Brothers, LLC
1097 Jackson Street
Dubuque, IA 52001
I, <11 m7t , on behalf of Kalmes Breaktime Bar and Grill, hereby
knowingly and voluntarily acknowledge that:
a) Kalmes Breaktime Bar and Grill received the Notice of Hearing regarding
the above referenced case.
b) Kalmes Breaktime Bar and Grill admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Kalmes Breaktime Bar and Grill waives a public hearing and submits to
the statutory penalties prescribed bylaw.
d) Kalmes Breaktime Bar and Grill understands that this penalty will count as
an official "Second 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.
Kalmes Breaktime Bar and Grill has a liquor license for 1097 Jackson Street Violations
of the liquor license occurred as follows:
Violation Date
February 13, 2011
November 10, 2011
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1St Violation
2nd Violation
At this time, Kalmes Breaktime Bar and Grill has one (1) alcohol violation pending.
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Kalmes Breaktime Bar and Grill is subject . to a civil penalty and a suspension of the
liquor license.
In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-
2B -16, Kalmes Breaktime Bar and Grill accepts the penalties for a Second Violation -
Alcohol Compliance and chooses the following option:
The suspension of the liquor license must be served as follows:
Monday, May 21, 2012 through and including Sunday, June 3, 2012 (14 Days)
Sunday, June 10, 2012 through and including Monday, June It 2012 (2 Days)
Sunday, June 17, 2012 through and including Monday, June 18, 2012 (2 Days)
Sunday, June 24, 2012 through and including Monday, June 25, 2012 (2 Days)
Sunday, July 1, 2012 through and including Monday, July 2, 2012 (2 Days)
Sunday, July 8, 2012 through and including Monday, July 9, 2012 (2 Days)
Sunday, July 15, 2012 through and. including Monday, July 16, 2012 (2 Days)
Sunday, July 22, 2012 through and including Monday July 23, 2012 (2 Days)
Sunda Jul 29 2012 throu• h and includin• Monda Jul 30 2012 2 Da s
Total: Thirty (30) Days
Kalmes Breaktime Bar and Grill
ature
jef/4. A /I, - .i
Name — Please Print
Signature
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 be remitted by Kalmes Breaktime Bar and Grill on or
before Monday, April 16, 2012 and suspension of the liquor license be served as outlined.
PASSED AND APPROVED this. 7th day of May , 20 12
4./
Roy D. uol, Mayor
Attest:
K in Firnstahl, City Cler r
Please choose one (1) of the following options:
Option #1
✓ One thousand five hundred dollar ($1,500) fine
✓ Thirty (30) day suspension of the license
❑ Option #2
✓ Five thousand dollar ($5,000) fine
✓ Fourteen (14) day suspension of the license
_(Thirty (30) day suspension with sixteen (16) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
❑ Option #3
✓ Seven thousand five hundred dollar ($7,500) fine
✓ Seven (7) day suspension of the license
(Thirty (30) day suspension with twenty three (23) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Two (2) of the following (please choose two):
❑ Terminate the employee who acted illegally
o Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty -one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
o Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
❑ Option #4
✓ Fifteen thousand dollar ($15,000) fine
✓ Zero (0) day suspension of the license
(Thirty (30) day suspension with thirty (30) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Three (3) of the following (please choose three):
o Terminate the employee who acted illegally
o Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within 'ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive the training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty -one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo Identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of 'Police
*if there is a violation within the probationary period, the days which were suspended must be served.
Date: ty� 3 -1)-
initials:
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Kalmes Breaktime Bar and Grill
DATE: April 24, 2012
Dubuque
bierd
All-America City
1
2007
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Kalmes Breaktime Bar and Grill, 1097 Jackson Street,
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 24, 2012
SUBJECT Settlement Agreement- Kalmes Breaktime Bar and Grill
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 Kalmes Breaktime Bar and Grill
BACKGROUND
Kalmes Breaktime Bar and Grill has a liquor license for its establishment at 1097 Jackson Street in the City of Dubuque On
February 13,2011 and November 10,2011 the Dubuque Police Department did alcohol compliance checks at Kalmes
Breaktime Bar and Grill and employees violated 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
DISCUSSION
City Council has directed that staff work with license and permit holders to serve suspensions &penalties in a flexible way
Kalmes Breaktime Bar and Grill has agreed to pay a $1,500 fine for a second violation and has submitted their payment to
the Police Department They will also be serving a thirty (30) day suspension of their liquor license The suspension dates
are detailed in the attached settlement agreement
RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for violators Kalmes Breaktime Bar and
Grill was provided the schedule and selected their choice of penalty 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 — 2nd Violation
RE: Kalmes Breaktime Bar and Grill Kalmes Brothers, LLC
1097 Jackson Street 1097 Jackson Street
Dubuque, IA 52001 Dubuque, IA 52001
•
•
1, c 774 eta , on behalf of Kalmes Breaktime Bar and Grill, hereby
knowingly and voluntarily acknowledge that:
a) Kalmes Breaktime Bar and Grill received the Notice of Hearing regarding
the above referenced case.
b) Kalmes Breaktime Bar and Grill admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Kalmes Breaktime Bar and Grill waives a public hearing and submits to
the statutory penalties prescribed by law.
d) Kalmes Breaktime Bar and Grill understands that this penalty will count as
an official "Second 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.
Kalmes Breaktime Bar and Grill has a liquor license for 1097 Jackson Street, Violations
of the liquor license occurred as follows:
Violation Date
February 13, 2011
November 10, 2011
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1&t Violation
2nd Violation
At this time, Kalmes Breaktime Bar and Grill has one (1) alcohol violation pending.
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Kalmes Breaktime Bar and Grill is subject, to a civil penalty and a suspension of the
liquor license.
In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-
2B-16, Kalmes Breaktime Bar and Grill accepts the penalties for a Second Violation —
Alcohol Compliance and chooses the following option:
Please choose one (1) of the following options:
Option #1
>° ` ✓ One thousand five hundred dollar ($1,500) fine
✓ Thirty (30) day suspension of the license
❑ Option #2
✓ Five thousand dollar ($5,000) fine
✓ Fourteen (14) day suspension of the license
(Thirty (30) day suspension with sixteen (16) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
❑ Option #3
✓ Seven thousand five hundred dollar ($7,500) fine
✓ Seven (7) day suspension of the license
(Thirty (30) day suspension with twenty three (23) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Two (2) of the following (please choose two):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty -one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
❑ Option #4
✓ Fifteen thousand dollar ($15,000) fine
✓
Zero (0) day suspension of the license
(Thirty (30) day suspension with thirty (30) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Three (3) of the following (please choose three):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive the training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty -one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo Identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
"1f there is a violation within the probationary period, the days which were suspended must be served.
Date. V— c) 3 ' a
Initials:
The suspension of the liquor license must be served as follows:
Monday, May 21, 2012 through and including Sunday, June 3, 2012 (14 Days)
Sunday, June 10, 2012 through and including Monday, June 11, 2012 (2 Days)
Sunday, June 17, 2012 through and including Monday, June 18, 2012 (2 Days)
Sunday, June 24, 2012 through and including Monday, June 25, 2012 (2 Days)
Sunday, July 1, 2012 through and including Monday, July 2, 2012 (2 Days)
Sunday, July 8, 2012 through and including Monday, July 9, 2012 (2 Days)
Sunday, July 15, 2012 through and including Monday, July 16, 2012 (2 Days)
Sunday, July 22, 2012 through and including Monday July 23, 2012 (2 Days)
Sunday, July 29, 2012 through and including Monday, July 30, 2012 (2 Days)
Total: Thirty (30) Days
Kalmes Breaktime Bar and Grill
CG7 /4s
7
Name — Please Print
S
Signature
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 be remitted by Kalmes Breaktime Bar and Grill on or
before Monday, April 16, 2012 and suspension of the liquor license be served as outlined.
PASSED AND APPROVED this day of , 20
Attest:
Kevin Firnstahl, City Clerk
Roy D. Buol, Mayor