Alcohol Compliance - Civil Penalty for Alcohol License Holder - Red Robin Copyright 2014
City of Dubuque Consent Items # 22.
ITEM TITLE: Alcohol Compliance - Civil Penalty for Alcohol License Holder - Red Robin
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for the alcohol compliance violation for Red Robin, 2775 NW
Arterial.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Red Robin Alcohol Compliance Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Copy Staff Memo
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement — Red Robin America's Gourmet Burgers & Spirits
DATE: May 11, 2015
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Red Robin America's Gourmet Burgers & Spirits.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael 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
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
May 7, 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Red Robin America's Gourmet Burgers & Spirits
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Red Robin America's Gourmet Burgers & Spirits.
BACKGROUND
Red Robin America's Gourmet Burgers & Spirits has a liquor license for its
establishment at 2775 NW Arterial in the City of Dubuque. On March 20, 2015 the
Dubuque Police Department did an alcohol compliance check at Red Robin America's
Gourmet Burgers & Spirits and an employee sold alcohol to underage youth compliance
monitors.
City Council has directed that staff work with license and permit holders to serve
suspensions & penalties in a flexible way. Red Robin America's Gourmet Burgers &
Spirits has chosen a five hundred dollar ($500.00)fine and has submitted their signed
agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Red Robin America's Gourmet Burgers & Spirits 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 REQUESTED
City Manager review, City Council approval, and Mayor Buol signature of the attached
AcknowledgmentlSettlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance -1St Violation
RE: Red Robin America's Gourmet
Burgers & Spirits
2775 NW Arterial
Dubuque, IA 52002
• Red Robin International, Inc.
6312 S Fiddler's Green Circle
Greenwood Village, CO 80111
01j/et t:oiiva+v , on behalf of Red Robin America's Gourmet Burgers
& Spirits, hereby knowingly and voluntarily acknowledge that:
a) Red Robin America's Gourmet Burgers & Spirits received the notice
regarding the above referenced case.
b) Red Robin America's Gourmet Burgers & Spirits admits that the facts and
allegations contained in the Complaint, which is attached hereto and
incorporated herein by reference, are true and correct.
c) Red Robin America's Gourmet Burgers & Spirits waives a hearing and
submits to the statutory penalties prescribed by law.
d) Red Robin America's Gourmet Burgers & Spirits 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.
Red Robin America's Gourmet Burgers & Spirits has a liquor license for 2775 NW
Arterial. Violation of the liquor license occurred as follows:
Violation Date Violation Type Violation Number
March 20, 2015 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Red Robin America's Gourmet Burgers & Spirits 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, Red Robin America's Gourmet Burgers & Spirits chooses one of the following
penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Red Robin America's Gourmet Burgers & Spirits
Signat
glas L. Christman
P & Secretary
Signature
Name — 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 hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Red Robin America's
Gourmet Burgers & Spirits to the City of Dubuque — Police Department.
Attest:
PASSED AND APPROVED this 18th day of May , 20 15 .
Kevin irnstahl, City ;'ler
A
1471/1AAIL- V
444 B c l; I I yor
Lynn V. Sutton,
Mayor Pro Tem