Alcohol Compliance Violation_Tott's TapMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Tott's Tap
DATE: June 12, 2013
Dubuque
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All- America City
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Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Tott's Tap, 3457 Jackson Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/),2t
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, 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: June 7, 2013
SUBJECT: Settlement Agreement - Tott'sTap
X
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Tots Tap.
BACKGROUND
Tott's Tap has a liquor license for its establishment at 3457 Jackson Street in the City of Dubuque. On November 7, 2013 the
Dubuque Police Department did an alcohol compliance check atTott'sTap 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.
Tott'sTap has chosen a five hundred dollar ($500.00) fine and has submitted their signed agreement.
RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for violators. Tott'sTapwas 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 — jst Violation
•
RE: Tott's Tap
3457 Jackson Street
Dubuque, IA 52001
Tott's Tap, Inc.
3457 Jackson Street
Dubuque, IA 52001
I, Lf err i; I f
voluntarily acknowledge that:
, on behalf of Tott's Tap, hereby knowingly and
a) Tott's Tap received the notice regarding the above referenced case.
b) Tott's Tap admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Tott's Tap waives a hearing and submits to the statutory penalties
prescribed by law.
d) Tott's Tap 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.
Tott's Tap has a liquor license for 3457 Jackson Street. Violation of the liquor license
occurred as follows:
Violation Date Violation Type Violation Number
November 7, 2013 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Tott's Tap 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, Tott's Tap chooses one of the following penalties:
X Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Tott's Tap
..P
atur
err
Name — Please Print
Jerry Tott
Date
Signature
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 hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Tott's Tap to the City of
Dubuque — Police Department,
PASSED AND APPROVED this 17tIday of June
Attest:
OP P
Kevi Firnstahl, City Clem
,20 13 .
Roy D. Buo}fMayor