Alcohol Compliance Civil Penalty for Alcohol License Holder — The Lift Copyright 2014
City of Dubuque Consent Items # 17.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— The Lift
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for The Lift, 180 Main
Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ The Lift Alcohol Compliance Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement 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 —The Lift
DATE: May 26, 2015
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with The Lift, 180 Main Street.
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 Dalsing, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
May 21 , 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— The Lift
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and The Lift.
BACKGROUND
The Lift has a liquor license for its establishment at 180 Main Street in the City of
Dubuque. On April 1, 2015 the Dubuque Police Department did an alcohol compliance
check at The Lift 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. The Lift 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. The Lift 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: The Lift
180 Main Street
Dubuque, IA 52001
The Lift Dubuque, LLC
180 Main Street
Dubuque, IA 52001
I, 447r 6e , on behalf of The Lift, hereby knowingly and
voluntarily acknowledge that:
a) The Lift received the notice regarding the above referenced case.
b) The Lift admits that the facts and allegations contained in the Complaint,
which is attached hereto and incorporated herein by reference, are true and
correct.
c) The Lift waives a hearing and submits to the statutory penalties prescribed
by law.
d) The Lift 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.
The Lift has a liquor license for 180 Main Street. Violation of the liquor license occurred
as follows:
Violation Date Violation Type Violation Number
April 1, 2015 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
The Lift 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, The Lift chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
The Lift
,1-k' ,1? -62,--i
yr t Hca dt o�
Name — Please-Pnt
Signature
Name - Please Print
D,fe 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 The Lift to the City of
Dubuque — Police Department.
PASSED AND APPROVED this"day of , 20/x.
Attest:
Kevirnstahl, City CIe
Roy D. Buol/jMayor