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Liquor License Renewal_Bricktown Brewery 1 7 08 Dubuque TI-IE CITY OP I~ ~.~;~~~ UB E ~~ .t,. ,~~ K~ Masterpiece on the Mississippi ~~ 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Liquor License Renewal for the following: Bricktown Brewery, 299 Main Street DATE: December 27, 2007 Chief of Police Kim Wadding recommends approval of the annual liquor license renewal for Bricktown Brewery, 299 Main Street. On July 16, 2007, the City Council approved asix-month liquor license for Bricktown Brewery, 299 Main Street. The six-month license replaced an annual license due to ongoing concerns at the business. Since the July 19, 2007 license renewal date, there have been 22 calls for service to the business. Of these, there were five disturbances, two crimes against persons, no crimes against property, three public moral violations and 10 Police generated tavern inspections. Since the issuance of the six-month license, Bricktown management has met with the Dubuque Police Department to discuss calls for service as well as developing and implementing action plans to decrease the number of calls for service to the business. The following is a list of these initiatives: • The Bricktown investment group has designated three of their members as an oversight group. This group meets weekly with the Bricktown management to review and modify operations to ensure ongoing compliance. • Allowing only patrons 21 years of age or older into the basement bar area and Bricktown sponsored events in the banquet facility hall on the second floor. • Require an employee to check age verification at all entrances to the basement bar area and sponsored events at the banquet facility. If unavailable, these locations would not be allowed to open. • Scott Neuwoehner and Greg Prehm are no longer affiliated with this business nor have offices in the facility. • Bricktown has asked and agreed to the continuation of quarterly meetings with the Police Department to address any issues that arise during the license period. 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 Kim Wadding, Chief of Police THE CITY pF ~^ DLTB E Masferpiece on the Mississippi DATE: December 27, 2007 MEMORANDUM TO: Michael C. Van Milligen City Manager FROM: Kim Wadding Police Chief RE: Liquor License Renewal for the following: Bricktown Brewery, 299 Main Street INTRODUCTION The purpose of this memorandum is to recommend the annual renewal of Bricktown Brewery's liquor license and to highlight the calls for service related to incidences of disturbances, crimes against persons, crimes against property, and public moral violations occurring at the business since their last liquor license renewal. BACKGROUND On July 16, 2007, the City Council approved asix-month liquor license for Bricktown Brewery, 299 Main Street. The six-month license replaced an annual license due to ongoing concerns at the business. The following is a summary of activity since their last renewal. The following key provides a brief description of those calls for service displaying four areas of concern. Disturbances Includes physical fighting, verbal arguments, loud music and/or subjects and all other disorder) behavior not alread listed Crimes A ainst Persons Includes Assault and Harassment Crimes A ainst Pro ert Includes Bur lar ,Criminal Mischief and Theft Public Morals Includes Public Intoxication and Possession of Controlled Substances DISCUSSION Since the July 19, 2007 license renewal date, there have been 22 calls for service to the business. Of these, there were five disturbances, two crimes against persons, no crimes against property, three public moral violations and 10 Police generated tavern inspections. The calls involved the following: August 19, 2007 - ~ Walking beat officers came across a verbal disagreement outside the entrance to The Deeo. Cleared by officers with no arrests. #07-41fi~3 ~ September 19, 20107 ~~ Public Morals ~) Police received a report from a caller from Bricktown of underage subjects inside the business. Officers responded and located an underage female who admitted to consuming alcohol inside the bar and an underage male subject who had presented a false identification card to enter the bar. The female subject was cited with Possession of Alcohol Under the Legal Age and the male subject was charged with Interference with Official Acts and Misrepresentation of Age. __ ~ #U7-4'1641 ~~ September 2Q, 2007 ~f Disturbance ~~ Police responded to Bricktown at their request to remove a subject familiar to Police causing a problem. The Subject left without incident, and the call was cleared with no arrests. Additionally, the Subject was banned from the business. ~~#07-46712 ~~ October 10, 2007 ~~ Public Morals j~ Dubuque Police, Iowa State Department of Corrections, United States Department of Federal Corrections and the Dubuque Fire Department conducted a joint tavern inspection of 23 liquor-licensed establishments including Bricktown. Two underage persons were located inside the bar after 9:00 PM. An adult was accompanying the subjects and provided false information about the age of one of the underage subjects. The two underage subjects were cited with Being in a Bar After 9:00 PM While Under Age 21 and the adult was cited with Interference With Official Acts. ~~ #07-491~v2 ~~ November 9, 2007 (~ Crimes Against Persons (Assault),... ~~ During the early morning hours, two subjects were assaulted in The Deep at closing time. Police were not notified at the time of the assault due to the event occurring at closing time and all of the subjects involved left the bar. Police were notified the next day by one of the victims' mothers, after one of the victims was taken to the hospital for treatment. Bricktown Management also notified the Police Department the next day after learning of the assault. This incident is still under investigation by the Police Department. Neither victim initially reported the incident. Bricktown employees are cooperating with the investigation. ~C #07-51023 ~~'1Vovember 17, 2007 ~~ Public Morals j~ Police conducted a routine walk through /Tavern Inspection. Police located two under age subjects inside the bar. One of the subjects used another person's Wisconsin Driver's License to gain entry into the bar and was intoxicated. Both admitted to drinking while inside Bricktown. This resulted in two charges of Being Under 21 in a Bar After 9:00 PM, one Public Intoxication and one Unlawful Use of a Driver's License. ~~ #OT-54341 ~~ December 9, 2007 ~~ Disturbance. ~~ An anonymous report of 7-8 persons pushing each other outside the bar. Officers responded and did not locate any disturbance or subjects. The call was cleared by the resoondina officers with no arrests. II #07 X4$07 II December 12, 2007 II Di turbance II An anonymous report of 2-3 persons fighting outside the bar. Officers responded and did not locate any disturbance or subjects. Additionally, the bar was closed at this time due to weather. Cleared by officer, with no arrests. ~ #07-57435 ~~ December 27, 2007 ~~ Disturbance ~~ Officers on patrol outside of Bricktown were notified of a subject causing a disturbance inside the bar. The subject had been ejected from the bar and was located approximately one block away. Subject was placed under arrest for Public Intoxication. Since the issuance of the six-month license, Bricktown management has met with the Dubuque Police Department to discuss calls for service as well as developing and implementing action plans to decrease the number of calls for service to the business. The following is a list of these initiatives: • The Bricktown investment group has designated three of their members as an oversight group. This group meets weekly with the Bricktown management to review and modify operations to ensure ongoing compliance. • Allowing only patrons 21 years of age or older into the basement bar area and Bricktown sponsored events in the banquet facility hall on the second floor. • Require an employee to check age verification at all entrances to the basement bar area and sponsored events at the banquet facility. If unavailable, these locations would not be allowed to open. • Scott Neuwoehner and Greg Prehm are no longer affiliated with this business nor have offices in the facility. • Bricktown has asked and agreed to the continuation of quarterly meetings with the Police Department to address any issues that arise during the license period. RECOMMENDATION Based upon a review of Bricktown Brewery as mentioned above, we recommend approval of an annual liquor license for Bricktown Brewery, 299 Main Street. ACTION REQUESTED Action requested is for City Council consideration to approve an annual liquor license renewal for Bricktown Brewery, 299 Main Street. Cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk RESOLUTION NO. Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE RB Restaurant Management Bricktown Brewery+(Sunday Sale/Brew Pub) 299 Main St Passed, approved and adopted this 19th day of March, 2007. Roy D. Buol Mayor Attest: Jeanne F. Schneider, CMC ~ City Clerk C7~ n~-„ ~ 7 ~; ~ ~= ~ .. i ? ~ cD