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Secondhand Dealer Business License Appeal - Ace Construction, 460 Copyright 2014 City of Dubuque Action Items # 2. ITEM TITLE: Secondhand Dealer Business License Appeal - Ace Construction, 460 West Locust Street SUMMARY: Mr. Mihalakis, owner of Ace Construction, requests that the City Council review his appeal and that he be heard on the matter regarding the denial of a Secondhand Dealers Business License for Ace Construction. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Council ATTACHMENTS: Description Type ❑ Request for Appeal-Attorney Hess Correspondence Supporting Documentation ❑ Louis Mihalakis Denial of Secondhand Dealer City Clerk Letter Supporting Documentation ❑ Louis Mihalakis Denial of Secondhand Dealer City Manager letter Supporting Documentation ❑ Letter to Louis Mihalakis Supporting Documentation ❑ Secondhand Dealer Business License Appeal Request-Ace Construction Supporting Documentation ❑ Staff Memo from Police Chief Staff Memo V# Philip F.Jensen** Hammer Simon & Jensen P.C. 775 Sinsinawa Avenue Paul T.Jensen** East Dubuque, Illinois 61025 Susan M. Hess** Tel 815-747-6999 Y Colista K.Anglese+ Attorneys at haw Est. 1988 Fax 815-747-2952 Terry M. Kurt** www.HSjlegal.com Sandra P Trevino* David L. Hammer Cn (Retired) September 16, 2015 C Cr Angela C. Simon (1949-2010) M Dubuque City Council - : 50 W. 11' St. M � Dubuque, IA 52001 RE: Appeal of Denial of Secondhand Dealer Business License—Ace Construction Dear City Council: i Please let this letter serve as a notice of appeal of the decision of the City Manager for an application for a Secondhand Dealer Business License for Ace Construction. On September 8, 2015 Mr. Mihalakis, owner of Ace Construction received notice that the City Manager denied his application. He requested a letter stating the specific reason for denial and there has been no letter received to date. The basis for this appeal is as follows: Mr. Mihalakis believes he meets the requirements for obtaining a license. The contributions that Mr. Mihalakis, through his company, have made to improve the downtown area should be taken into consideration in the event it is determined he has not met all requirements. Mr. Mihalakis has a history of doing contract work with the City of Dubuque. All of these are examples of Mr. Mihalakis' commitment to revitalizing the downtown business area. The owner requests that the Council review Mr. Mihalakis' appeal and that he be heard on these matters at the next council meeting. Mr. Mihalakis, on behalf of Ace Construction, respectfully requests the Council reverse the decision of the City Manager. Very truly yours, HAMMER, SIMON & JENSEN, P.C. By: 1 Sfusan M. Hess **Licensed in Illinois&Iowa/+Licensed in Illinois,Iowa &Wisconsin/*Licensed in Iowa 4-6B-9: DENIAL, SUSPENSION OR REVOCATION OF LICENSE:Z I-= °I A. Reasons For Denial, Suspension, Or Revocation: The city manager may, upon good cause, deny issuance or renewal of a license or suspend or revoke any license issued under this article for a period not to exceed one year for any of the following: 1. Violation of any federal, state, or local law; (Ord. 2-14, 1-6-2014) 2. Misrepresentation of any material fact in the application for a license; (Ord. 14-13, 3-4-2013; amd. Ord. 2-14, 1-6-2014) 3. Failure to cooperate with law enforcement; or (Ord. 2-14, 1-6-2014) 4. The licensee, owner, manager, partner, corporate officer, or director has been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or deceptive practices, the possession, manufacture, or delivery of a controlled substance, possession with intent to manufacture or deliver a controlled substance, possession of drug paraphernalia, or nonpayment of excise taxes for a controlled substance, nonpayment of other taxes, or demonstrated insolvency. B. Holding Other Licenses During License Suspension: Any licensee whose license is suspended may not, during said suspension, hold any other license under this article. C. License Revocation; Time Period For Reapplication: Any licensee whose license is revoked may not apply for any license under this article for one year following the revocation. D. Issuance To Relatives Or Financially Interested Persons During License Suspension: No new license will be issued to the spouse, relative within the first degree of consanguinity as defined by the Iowa Code, or any person holding a financial interest in the licensed premises during the period the license has been suspended. y' E. Issuance To Relatives Or Financially Interested Persons Following License Revocation: No new license under this article will be issued to the spouse or relative within the first degree of consanguinity as defined by the Iowa Code or any person holding a financial interest in the licensed premises for one year after revocation. (Ord. 14-13, 3-4-2013; amd. Ord. 2-14, 1-6- 2014) F. Notice Of License Suspension Or Revocation: The city manager will cause to be issued a notice that said license is suspended or revoked and therein set forth the reason(s) therefor. Said notice must be sent to the licensee by certified United States mail to the registered business address on file with the city clerk or by personal service as provided by Iowa law. (Ord. 2-14, 1-6- 2014) G. Appeal City Manager Decision To City Council: A written notice of appeal to the city council from a decision of the city manager must be filed with the city clerk by the licensee within ten (10) days from the receipt of the notice of suspension or revocation. (Ord. 14-13, 3-4-2013; amd. Ord. 2-14, 1-6-2014) DubuqueCity Clerk's Office THE CF 50 West 13th Street Dubuque,Iowa 52001-4805 DUtB Al!America C' Office(563) 0-667 20 TTY(563)690-6678 �® cityclerk@dtyofdubuque.org www.cityofdubuque.org Masterpiece on the Mississippi 2007 September 1, 2015 Ace Construction Attn: Louis Mihalakis 460 W Locust St. Dubuque, IA 52001 Dear Mr. Mihalakis, This is to inform you that the City Manager has denied your application for a Secondhand Dealer Business License for Ace Construction. The recommendation for denial cites City Ordinance 4-6A-1. Please see the enclosed ordinance for further information with regard to the appeal process. Sincerely, Kevin Firnstahl, CMC City Clerk. KF/pmc Enclosures Service People Integrity Responsibility Innovation Teamwork TITLE 4 — BUSINESS AND LICENSE REGULATIONS CHAPTER 6 — PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTO SALVAGE DEALERS ARTICLE A. PAWNBROKERS AND SECONDHAND DEALERS 4-6A-1: DEFINITIONS: For the purposes of this article, the following definitions apply: CITY MANAGER: The city manager or the city manager's designee. PAWNBROKER: Any person who makes loans or advancements upon pawn, pledge, or deposit of personal property, who receives actual possession of personal property as security for a loan, with or without a mortgage or bill of sale, who receives actual possession of property for resale, or otherwise holds himself or herself out as a pawnbroker. PERSON OF GOOD MORAL CHARACTER: A person who meets all of the following requirements: A. The person has such financial standing and good reputation as will satisfy the city council that the person will comply with all the laws, provisions of this code, other city ordinances, and regulations applicable to the person's operations under state law. However, the city council will not require the person to post a bond to meet the requirements of this subsection; B. The applicant is a citizen or legal resident of the United States; in the case of a corporation, is licensed to do business in the state of Iowa; or in the case of a partnership, only one general partner needs to be a citizen or legal resident; C. The person has not been convicted of a felony. However, if a conviction of a felony occurred more than five (5) years before the application for a license or permit and if the person's rights of citizenship have been restored, the city manager may determine that said person is a person of moral character notwithstanding the conviction; and D. The person has not been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or deceptive practices, the possession, manufacture, or delivery of a controlled substance, possession with intent to manufacture or deliver a controlled substance, possession of drug paraphernalia, or nonpayment of excise taxes for a controlled substance, nonpayment of other taxes, or demonstrated insolvency. The requirements of this definition apply to the following: 1. Each of the officers, directors, and partners of such person. 2. A person who directly or indirectly owns or controls ten percent (10%) or more of any class of stock of such person. 3. A person who directly or indirectly has an interest of ten percent (10%) or more in the ownership or profits of such person. SECONDHAND DEALER: Any person who purchases or receives used goods or materials for the purpose of resale including, but not limited to: Bicycles Coins Collectibles Computers, software, and computer accessories Construction equipment Electronic equipment Firearms Glassware Household appliances Hunting and fishing equipment Jewelry Lawn and garden tools, equipment, and furnishings Motor vehicle parts and equipment Motor vehicles Musical instruments Photographic/video parts and equipment Precious and semiprecious stones Precious metals in the form of bullion or ingots Radio equipment Rare books Silver/silverware Sporting goods Stereo equipment Television equipment Tools Untitled motor vehicles Video game systems, originally manufactured with a serial number Works of art Nonprofit corporations and businesses which are not primarily engaged in the sale of secondhand goods are exempt from this article. 4-6A-2: PENALTIES: Failure to comply with this article is a violation of this code and is punishable as provided in title 1 of this code. Each day of noncompliance with this article is a separate offense. 4-6A-3: LICENSE: A. License Required; Application: No person may engage in the business of pawnbroker or secondhand dealer without first obtaining a license therefor. Applications for such licenses must be filed with the city clerk and the license issued by the city clerk. B. License Authorization: The license serves as authorization for a particular person to engage in business at a specific location. C. Annual Renewal; Nonrefundable Fee; License Term: 1. The license for pawnbrokers or secondhand dealers must be renewed annually. 2. A nonrefundable fee established by the city manager will be collected at the time of renewal. 3. All licenses expire on February 1 of each year. 4-6A-4: PERSONS ELIGIBLE: Subject to the requirements of this article, a person who is of good moral character may apply for a license. In the case of a club, corporation, or partnership, the officers of the club or corporation and the partners of a partnership must be persons of good moral character as defined by state law and this article. 4-6A-5: APPLICATION CONTENTS: Applications for the original issuance or the renewal of licenses must be filed at the time and in the number of copies as the city manager prescribes, on forms prescribed by the city manager, and must set forth under oath the following information: A. The name and address of the applicant; B. The precise location of the premises for which a license is sought; C. The names and addresses of all persons, or in the case of a corporation, the officers, directors, and persons owning or controlling ten percent (10%) or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise in the business; D. A statement whether any person specified in subsection C of this section has ever been convicted of any offense against the laws of the United States, or any state or territory thereof, or any political subdivision of any such state or territory; and E. Such other information as the city manager requires. 4-6A-6: INVESTIGATION OF APPLICANT AND PREMISES: Upon receipt of an original application for a license, the city clerk will forward the application to the chief of police, who will conduct an investigation and submit a written report on the applicant as to the truth of the facts averred in the application and a recommendation to the city manager as to the approval of the license or permit. 4-6A-7: PROOF OF FINANCIAL RESPONSIBILITY: Pawnbrokers and secondhand dealers who receive actual possession of property for resale with an agreement to return the property to the owner within a specified period of time must furnish proof of financial responsibility by posting bond in such amount as determined by the city manager. 4-6A-8: DISPLAY OF LICENSE: The license provided for herein is valid only for the location designated in the application and must be prominently displayed therein at all times. 4-6A-9: EXEMPTIONS FROM ARTICLE: This article does not apply to or include the following: A. Solicitors governed by chapter 5 of this title, except for purchasers of gold, bullion, ingots, precious metals, and jewelry who are subject to the provisions of these pawnbroker and secondhand dealer regulations. B. The sale of secondhand goods as follows: 1. The sale is held on property occupied as a dwelling by the seller or owned, rented, or leased by a charitable or political organization; 2. The items offered for sale are owned by the occupant or seller; that no sale exceeds a period of seventy two (72) consecutive hours; and that no more than three (3) sales are held in any twelve (12) month period; 3. The sale of goods at an auction held by a licensed auctioneer; 4. A bulk sale of property from a merchant, manufacturer, or wholesaler having an established place of business or open sale from bankrupt stock; 5. Goods sold at a public market, such as farmers' market; or 6. CDs, DVDs, videotapes, and other similar mediums of transmitting images or sounds, video games, and gaming systems that are not originally manufactured with a serial number. C. Items bought, sold, or traded under a federal firearms license. D. The return of secondhand items for credit, exchange or refund to the person from whom said items were originally obtained, provided that the items were not secondhand items when originally obtained. E. Beverage containers. F. Scrap paper. 4-6A-10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE: A. Reasons For Denial, Suspension, Or Revocation: The city manager may, upon good cause, deny issuance or renewal of a license or suspend or revoke any license issued under this article for a period not to exceed one year for any of the following: 1. Violation of any federal, state, or local law; 2. Misrepresentation of any material fact in the application for a license; 3. Failure to cooperate with law enforcement, or 4. The licensee, owner, manager, partner, corporate officer, or director has been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or deceptive practices, the possession, manufacture, or delivery of a controlled substance, possession with intent to manufacture or deliver a controlled substance, possession of drug paraphernalia, or nonpayment of excise taxes for a controlled substance, nonpayment of other taxes, or demonstrated insolvency. B. Holding Other Licenses During License Suspension: Any licensee whose license is suspended may not, during said suspension, hold any other license under this chapter. j C. License Revocation; Time Period For Reapplication: Any licensee whose license is revoked may not apply for any license under this article for one year following the revocation. D. Issuance To Relatives Or Financially Interested Persons During License Suspension: No new license will be issued to the spouse, relative within the first degree of consanguinity as defined by the Iowa Code, or any person holding a financial interest in the licensed premises during the period the license has been suspended. E. Notice Of License Suspension Or Revocation: The city manager will cause to be issued a notice that said license is suspended or revoked and therein set forth the reason(s) therefor. Said notice must be sent to the licensee by certified United States mail to the registered business address on file with the city clerk or by personal service as provided by Iowa law. F. Appeal City Manager Decision To City Council: A written notice of appeal to the city council from a decision of the city manager must be filed with the city clerk by the licensee within ten (10) days from the receipt of the notice of suspension or revocation. 4-6A-11: REQUIRED RECORDS: A. Pawnbrokers and secondhand dealers must provide an electronic transaction of all articles of any kind purchased or received using the city's electronic reporting system as approved by the city manager. Businesses that sell, deal, or trade in electronic media/gaming systems must report all merchandise originally manufactured with a serial number. The report must be a full, true, and complete report of all goods, wares, merchandise, or items obtained on deposit, pledge, or purchase, or otherwise received, and must contain the following: 1. A description of the person from whom the goods were acquired, including: a. Name, address, phone number, height, weight,. date of birth, race, gender, hair color, eye color, and any other identifying marks; and b. Means of identification used including the type exhibited, the issuing agency, and the number thereon; 2. Date, time, and place of the transaction; 3. A detailed and accurate description of each article received including make, model, serial number, or identifying mark(s); 4. A record of whether the transaction was a purchase, security, consignment transaction, or donation; and 5. A record of monies paid or loaned and which may be maintained separately but which must be available for inspection in the course of examination of individual transactions. The electronic reporting system will provide for an upload of a complete electronic report. Each "pawnbroker" and "secondhand dealer" as defined by this article must at the end of each day provide an electronic upload to the electronic reporting system of all transactions that occurred during that business day. 4-6A-12: PROHIBITED ACTS: A. Purchases From Minors Restricted: No pawnbroker or secondhand dealer, and no clerk, agent, or employee thereof may purchase or receive property from any person under the age of eighteen (18) years without first obtaining and receiving the written consent of the parent or guardian of such person. Such written consent must be made a part of the required records and subject to all provisions of this article. B. Altered Or Tampered With Serial Numbers: No pawnbroker or secondhand dealer, and no clerk, agent, or employee thereof may receive any goods or materials presented with an altered or tampered with serial number. C. Identification Required: No pawnbroker or secondhand dealer may receive any goods or materials unless the seller presents one picture identification or two (2) other forms of identification. Proper identification consists of, but is not limited to, driver's license, picture identification, birth certificate, draft card, military identification card, and/or major credit card. D. Display Of Goods: No goods or merchandise may be stored or displayed on any public right of way, public street, sidewalk, alley, or public parking area. E. Jewelry: Antique, new, used, or scrap jewelry, and precious metals may not be changed in form by melting, remounting, cutting up, or otherwise changing the form of said items for a period of five (5) days from the time of purchase of said items. 4-6A-13: INSPECTION: A. The licensee must, during business hours, permit a duly authorized police officer to inspect the entire premises covered by the license, including all records that may have any relationship to the operation of the business. B. The police may seize, with proper seizure notice, or require the licensee to hold property which the police have probable cause to believe is stolen property. A receipt will be given to the licensee for all property seized. If the police have not seized or picked up the property within thirty (30) days from the date of notification to the licensee, said licensee may dispose of the property. Said licensee may petition the court at the conclusion of any criminal investigation and/or proceeding for return of any unclaimed merchandise confiscated from their possession related to the investigation or prosecution. Said licensee may also be eligible forassistance from the state of Iowacrimevictim compensation fund. Dubuque City Manager's Office THE COF City Hall E 50 West 13th Street DtUB All-AmericaCitY Dubuque,Iowa 52001-4805 1 111 I ' Office(563)589-4110 Fax(563)589-4149 Masterpiece on the Mississippi TTY(563)690-6678 2007-2012•2013 ctymgr@cityofdubuque.org www.cityofdubuque.org September 10, 2015 Mr. Louis Mihalakis Ace Construction 460 W. Locust Street Dubuque, IA 52001 Dear Louis, You asked for additional information about the September 2, 2015 denial of your Secondhand Dealer Business License for Ace Construction. The City Ordinance says, "The City Manager may, upon good cause, deny issuance or renewal of a license or suspend or revoke any license..." After an employee committee reviewed your application, Chief of Police Mark Dalsing recommended denial and I directed the denial be transmitted to you. You originally filed an application for a Secondhand Dealer License in December 2014 for Ace Construction/Louis Mihalakis at 460-464 Y2 W. Locust Street. The application was reviewed by City staff and rejected as incomplete due to several known criminal violations not being listed. You filed again in January 2015 and again it was rejected due to being incomplete in regard to criminal history. In July of 2015 you again filed an application with a partially complete criminal history. In August you submitted the missing pieces of the criminal history and the application was reviewed as a completed document. Under normal circumstances there are some outstanding violations that would need to be addressed at the property before a license would be considered, however, your criminal history in itself is reason for denial. The City Ordinance on licensing says the following: 4-6A-4: DEFINITIONS: PERSON OF GOOD MORAL CHARACTER: A person who meets all of the following requirements: Service People Integrity Responsibility Innovation Teamwork Mr. Louis Mihalakis September 10, 2015 Page 2 A. The person has such financial standing and good reputation as will satisfy the city council that the person will comply with all the laws, provisions of this code, other city ordinances, and regulations applicable to the person's operations under state law. However, the city council will not require the person to post a bond to meet the requirements of this subsection; B. The applicant is a citizen or legal resident of the United States; in the case of a corporation, is licensed to do business in the state of Iowa; or in the case of a partnership, only one general partner needs to be a citizen or legal resident; C. The person has not been convicted of a felony. However, if a conviction of a felony occurred more than five (5) years before the application for a license or permit and if the person's rights of citizenship have been restored, the city manager may determine that said person is a person of moral character notwithstanding the conviction; and D. The person has not been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or deceptive practices, the possession, manufacture, or delivery of a controlled substance, possession with intent to manufacture or deliver a controlled substance, possession of drug paraphernalia, or nonpayment of excise taxes for a controlled substance, nonpayment of other taxes, or demonstrated insolvency. You do not meet the standards for a license under subsections A, C & D. You have been a repeat violator of City ordinances for several years involving multiple properties. You were convicted in federal court in April 2001 for the felony level crime of Conspiracy to Manufacture &Attempt to Manufacture Methamphetamine. Your sentence, including supervised release after prison, concluded February 1, 2009, which is more than the five years listed in the ordinance; however, to my knowledge you have not had your rights of citizenship reinstated and the drug offense itself is cause for denial. Sincerely, /1'1f Michael C. Van Milligen City Manager MCVM:jh Enclosure City Manager's Office ue THE CITY OF City Hall DU 50 West 13th Street B EAll-AreeflcaCily Dubuque,Iowa 52001-4805 Office(563)589-4110 Fax(563)589-4149 It asterpiecc on the Mississippi TTY(563)690-6678 2007.2012-2013 ctymgr@cityofdubuque.org www.cityofdubuque.org September 17, 2015 i Mr. Louis Mihalakis Ace Construction 1212 Miller Road L Dubuque, IA 52003 Dear Louis, After receiving a letter of denial for a Secondhand Dealer Business License, you called me and asked for an explanation. I` I mailed you the attached September 10, 2015 letter. I inadvertently used the business address, 460 West Locust Street, instead of the address provided on the application (1212 Miller Road) in response to the question, "Address where License Should be Mailed." I apologize that you did not receive my letter. Sincerely, G , Michael C. Van Milligen City Manager MCVM:jh Attachment j cc: Susan Hess, Esq. w/enc.) (via e-mail susan@HSJlegal.com) c c Service People Integrity Responsibility Innovation Teamwork Dubuque City Manager's Office THE COF City Hall E 50 West 13th Street DtUB All-AmericaCitY Dubuque,Iowa 52001-4805 1 111 I ' Office(563)589-4110 Fax(563)589-4149 Masterpiece on the Mississippi TTY(563)690-6678 2007-2012•2013 ctymgr@cityofdubuque.org www.cityofdubuque.org September 10, 2015 Mr. Louis Mihalakis Ace Construction 460 W. Locust Street Dubuque, IA 52001 Dear Louis, You asked for additional information about the September 2, 2015 denial of your Secondhand Dealer Business License for Ace Construction. The City Ordinance says, "The City Manager may, upon good cause, deny issuance or renewal of a license or suspend or revoke any license..." After an employee committee reviewed your application, Chief of Police Mark Dalsing recommended denial and I directed the denial be transmitted to you. You originally filed an application for a Secondhand Dealer License in December 2014 for Ace Construction/Louis Mihalakis at 460-464 Y2 W. Locust Street. The application was reviewed by City staff and rejected as incomplete due to several known criminal violations not being listed. You filed again in January 2015 and again it was rejected due to being incomplete in regard to criminal history. In July of 2015 you again filed an application with a partially complete criminal history. In August you submitted the missing pieces of the criminal history and the application was reviewed as a completed document. Under normal circumstances there are some outstanding violations that would need to be addressed at the property before a license would be considered, however, your criminal history in itself is reason for denial. The City Ordinance on licensing says the following: 4-6A-4: DEFINITIONS: PERSON OF GOOD MORAL CHARACTER: A person who meets all of the following requirements: Service People Integrity Responsibility Innovation Teamwork Mr. Louis Mihalakis September 10, 2015 Page 2 A. The person has such financial standing and good reputation as will satisfy the city council that the person will comply with all the laws, provisions of this code, other city ordinances, and regulations applicable to the person's operations under state law. However, the city council will not require the person to post a bond to meet the requirements of this subsection; B. The applicant is a citizen or legal resident of the United States; in the case of a corporation, is licensed to do business in the state of Iowa; or in the case of a partnership, only one general partner needs to be a citizen or legal resident; C. The person has not been convicted of a felony. However, if a conviction of a felony occurred more than five (5) years before the application for a license or permit and if the person's rights of citizenship have been restored, the city manager may determine that said person is a person of moral character notwithstanding the conviction; and D. The person has not been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or deceptive practices, the possession, manufacture, or delivery of a controlled substance, possession with intent to manufacture or deliver a controlled substance, possession of drug paraphernalia, or nonpayment of excise taxes for a controlled substance, nonpayment of other taxes, or demonstrated insolvency. You do not meet the standards for a license under subsections A, C & D. You have been a repeat violator of City ordinances for several years involving multiple properties. You were convicted in federal court in April 2001 for the felony level crime of Conspiracy to Manufacture &Attempt to Manufacture Methamphetamine. Your sentence, including supervised release after prison, concluded February 1, 2009, which is more than the five years listed in the ordinance; however, to my knowledge you have not had your rights of citizenship reinstated and the drug offense itself is cause for denial. Sincerely, /1'1f Michael C. Van Milligen City Manager MCVM:jh Enclosure DubuqueCity Clerk's Office THE CF 50 West 13th Street Dubuque,Iowa 52001-4805 DUtB Al!America C' Office(563) 0-667 20 TTY(563)690-6678 �® cityclerk@dtyofdubuque.org www.cityofdubuque.org Masterpiece on the Mississippi 2007 September 1, 2015 Ace Construction Attn: Louis Mihalakis 460 W Locust St. Dubuque, IA 52001 Dear Mr. Mihalakis, This is to inform you that the City Manager has denied your application for a Secondhand Dealer Business License for Ace Construction. The recommendation for denial cites City Ordinance 4-6A-1. Please see the enclosed ordinance for further information with regard to the appeal process. Sincerely, Kevin Firnstahl, CMC City Clerk. KF/pmc Enclosures Service People Integrity Responsibility Innovation Teamwork TITLE 4 — BUSINESS AND LICENSE REGULATIONS CHAPTER 6 — PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTO SALVAGE DEALERS ARTICLE A. PAWNBROKERS AND SECONDHAND DEALERS 4-6A-1: DEFINITIONS: For the purposes of this article, the following definitions apply: CITY MANAGER: The city manager or the city manager's designee. PAWNBROKER: Any person who makes loans or advancements upon pawn, pledge, or deposit of personal property, who receives actual possession of personal property as security for a loan, with or without a mortgage or bill of sale, who receives actual possession of property for resale, or otherwise holds himself or herself out as a pawnbroker. PERSON OF GOOD MORAL CHARACTER: A person who meets all of the following requirements: A. The person has such financial standing and good reputation as will satisfy the city council that the person will comply with all the laws, provisions of this code, other city ordinances, and regulations applicable to the person's operations under state law. However, the city council will not require the person to post a bond to meet the requirements of this subsection; B. The applicant is a citizen or legal resident of the United States; in the case of a corporation, is licensed to do business in the state of Iowa; or in the case of a partnership, only one general partner needs to be a citizen or legal resident; C. The person has not been convicted of a felony. However, if a conviction of a felony occurred more than five (5) years before the application for a license or permit and if the person's rights of citizenship have been restored, the city manager may determine that said person is a person of moral character notwithstanding the conviction; and D. The person has not been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or deceptive practices, the possession, manufacture, or delivery of a controlled substance, possession with intent to manufacture or deliver a controlled substance, possession of drug paraphernalia, or nonpayment of excise taxes for a controlled substance, nonpayment of other taxes, or demonstrated insolvency. The requirements of this definition apply to the following: 1. Each of the officers, directors, and partners of such person. 2. A person who directly or indirectly owns or controls ten percent (10%) or more of any class of stock of such person. 3. A person who directly or indirectly has an interest of ten percent (10%) or more in the ownership or profits of such person. SECONDHAND DEALER: Any person who purchases or receives used goods or materials for the purpose of resale including, but not limited to: Bicycles Coins Collectibles Computers, software, and computer accessories Construction equipment Electronic equipment Firearms Glassware Household appliances Hunting and fishing equipment Jewelry Lawn and garden tools, equipment, and furnishings Motor vehicle parts and equipment Motor vehicles Musical instruments Photographic/video parts and equipment Precious and semiprecious stones Precious metals in the form of bullion or ingots Radio equipment Rare books Silver/silverware Sporting goods Stereo equipment Television equipment Tools Untitled motor vehicles Video game systems, originally manufactured with a serial number Works of art Nonprofit corporations and businesses which are not primarily engaged in the sale of secondhand goods are exempt from this article. 4-6A-2: PENALTIES: Failure to comply with this article is a violation of this code and is punishable as provided in title 1 of this code. Each day of noncompliance with this article is a separate offense. 4-6A-3: LICENSE: A. License Required; Application: No person may engage in the business of pawnbroker or secondhand dealer without first obtaining a license therefor. Applications for such licenses must be filed with the city clerk and the license issued by the city clerk. B. License Authorization: The license serves as authorization for a particular person to engage in business at a specific location. C. Annual Renewal; Nonrefundable Fee; License Term: 1. The license for pawnbrokers or secondhand dealers must be renewed annually. 2. A nonrefundable fee established by the city manager will be collected at the time of renewal. 3. All licenses expire on February 1 of each year. 4-6A-4: PERSONS ELIGIBLE: Subject to the requirements of this article, a person who is of good moral character may apply for a license. In the case of a club, corporation, or partnership, the officers of the club or corporation and the partners of a partnership must be persons of good moral character as defined by state law and this article. 4-6A-5: APPLICATION CONTENTS: Applications for the original issuance or the renewal of licenses must be filed at the time and in the number of copies as the city manager prescribes, on forms prescribed by the city manager, and must set forth under oath the following information: A. The name and address of the applicant; B. The precise location of the premises for which a license is sought; C. The names and addresses of all persons, or in the case of a corporation, the officers, directors, and persons owning or controlling ten percent (10%) or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise in the business; D. A statement whether any person specified in subsection C of this section has ever been convicted of any offense against the laws of the United States, or any state or territory thereof, or any political subdivision of any such state or territory; and E. Such other information as the city manager requires. 4-6A-6: INVESTIGATION OF APPLICANT AND PREMISES: Upon receipt of an original application for a license, the city clerk will forward the application to the chief of police, who will conduct an investigation and submit a written report on the applicant as to the truth of the facts averred in the application and a recommendation to the city manager as to the approval of the license or permit. 4-6A-7: PROOF OF FINANCIAL RESPONSIBILITY: Pawnbrokers and secondhand dealers who receive actual possession of property for resale with an agreement to return the property to the owner within a specified period of time must furnish proof of financial responsibility by posting bond in such amount as determined by the city manager. 4-6A-8: DISPLAY OF LICENSE: The license provided for herein is valid only for the location designated in the application and must be prominently displayed therein at all times. 4-6A-9: EXEMPTIONS FROM ARTICLE: This article does not apply to or include the following: A. Solicitors governed by chapter 5 of this title, except for purchasers of gold, bullion, ingots, precious metals, and jewelry who are subject to the provisions of these pawnbroker and secondhand dealer regulations. B. The sale of secondhand goods as follows: 1. The sale is held on property occupied as a dwelling by the seller or owned, rented, or leased by a charitable or political organization; 2. The items offered for sale are owned by the occupant or seller; that no sale exceeds a period of seventy two (72) consecutive hours; and that no more than three (3) sales are held in any twelve (12) month period; 3. The sale of goods at an auction held by a licensed auctioneer; 4. A bulk sale of property from a merchant, manufacturer, or wholesaler having an established place of business or open sale from bankrupt stock; 5. Goods sold at a public market, such as farmers' market; or 6. CDs, DVDs, videotapes, and other similar mediums of transmitting images or sounds, video games, and gaming systems that are not originally manufactured with a serial number. C. Items bought, sold, or traded under a federal firearms license. D. The return of secondhand items for credit, exchange or refund to the person from whom said items were originally obtained, provided that the items were not secondhand items when originally obtained. E. Beverage containers. F. Scrap paper. 4-6A-10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE: A. Reasons For Denial, Suspension, Or Revocation: The city manager may, upon good cause, deny issuance or renewal of a license or suspend or revoke any license issued under this article for a period not to exceed one year for any of the following: 1. Violation of any federal, state, or local law; 2. Misrepresentation of any material fact in the application for a license; 3. Failure to cooperate with law enforcement, or 4. The licensee, owner, manager, partner, corporate officer, or director has been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or deceptive practices, the possession, manufacture, or delivery of a controlled substance, possession with intent to manufacture or deliver a controlled substance, possession of drug paraphernalia, or nonpayment of excise taxes for a controlled substance, nonpayment of other taxes, or demonstrated insolvency. B. Holding Other Licenses During License Suspension: Any licensee whose license is suspended may not, during said suspension, hold any other license under this chapter. j C. License Revocation; Time Period For Reapplication: Any licensee whose license is revoked may not apply for any license under this article for one year following the revocation. D. Issuance To Relatives Or Financially Interested Persons During License Suspension: No new license will be issued to the spouse, relative within the first degree of consanguinity as defined by the Iowa Code, or any person holding a financial interest in the licensed premises during the period the license has been suspended. E. Notice Of License Suspension Or Revocation: The city manager will cause to be issued a notice that said license is suspended or revoked and therein set forth the reason(s) therefor. Said notice must be sent to the licensee by certified United States mail to the registered business address on file with the city clerk or by personal service as provided by Iowa law. F. Appeal City Manager Decision To City Council: A written notice of appeal to the city council from a decision of the city manager must be filed with the city clerk by the licensee within ten (10) days from the receipt of the notice of suspension or revocation. 4-6A-11: REQUIRED RECORDS: A. Pawnbrokers and secondhand dealers must provide an electronic transaction of all articles of any kind purchased or received using the city's electronic reporting system as approved by the city manager. Businesses that sell, deal, or trade in electronic media/gaming systems must report all merchandise originally manufactured with a serial number. The report must be a full, true, and complete report of all goods, wares, merchandise, or items obtained on deposit, pledge, or purchase, or otherwise received, and must contain the following: 1. A description of the person from whom the goods were acquired, including: a. Name, address, phone number, height, weight,. date of birth, race, gender, hair color, eye color, and any other identifying marks; and b. Means of identification used including the type exhibited, the issuing agency, and the number thereon; 2. Date, time, and place of the transaction; 3. A detailed and accurate description of each article received including make, model, serial number, or identifying mark(s); 4. A record of whether the transaction was a purchase, security, consignment transaction, or donation; and 5. A record of monies paid or loaned and which may be maintained separately but which must be available for inspection in the course of examination of individual transactions. The electronic reporting system will provide for an upload of a complete electronic report. Each "pawnbroker" and "secondhand dealer" as defined by this article must at the end of each day provide an electronic upload to the electronic reporting system of all transactions that occurred during that business day. 4-6A-12: PROHIBITED ACTS: A. Purchases From Minors Restricted: No pawnbroker or secondhand dealer, and no clerk, agent, or employee thereof may purchase or receive property from any person under the age of eighteen (18) years without first obtaining and receiving the written consent of the parent or guardian of such person. Such written consent must be made a part of the required records and subject to all provisions of this article. B. Altered Or Tampered With Serial Numbers: No pawnbroker or secondhand dealer, and no clerk, agent, or employee thereof may receive any goods or materials presented with an altered or tampered with serial number. C. Identification Required: No pawnbroker or secondhand dealer may receive any goods or materials unless the seller presents one picture identification or two (2) other forms of identification. Proper identification consists of, but is not limited to, driver's license, picture identification, birth certificate, draft card, military identification card, and/or major credit card. D. Display Of Goods: No goods or merchandise may be stored or displayed on any public right of way, public street, sidewalk, alley, or public parking area. E. Jewelry: Antique, new, used, or scrap jewelry, and precious metals may not be changed in form by melting, remounting, cutting up, or otherwise changing the form of said items for a period of five (5) days from the time of purchase of said items. 4-6A-13: INSPECTION: A. The licensee must, during business hours, permit a duly authorized police officer to inspect the entire premises covered by the license, including all records that may have any relationship to the operation of the business. B. The police may seize, with proper seizure notice, or require the licensee to hold property which the police have probable cause to believe is stolen property. A receipt will be given to the licensee for all property seized. If the police have not seized or picked up the property within thirty (30) days from the date of notification to the licensee, said licensee may dispose of the property. Said licensee may petition the court at the conclusion of any criminal investigation and/or proceeding for return of any unclaimed merchandise confiscated from their possession related to the investigation or prosecution. Said licensee may also be eligible forassistance from the state of Iowacrimevictim compensation fund. 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: Ace Construction (Louis Mihalakis) Appeal of Denial of Secondhand Business License DATE: September 17, 2015 The City received a letter of appeal from Attorney Susan Hess dated September 16, 2015, on the denial of a Secondhand Dealer Business License for Ace Construction (Louis Mihalakis). In the letter Ms. Hess states, "He requested a letter stating the specific reason for denial and there had been no letter received to date." City Clerk Kevin Firnstahl sent the original denial letter dated September 1 , 2015. Subsequently, Mr. Mihalakis asked for a letter of explanation. I sent a September 10, 2015 letter to 460 West Locust Street. This is the address Mr. Mihalakis provided on the application under "Local Business Address." I did not notice, but should have, that when he answered the question, "Address where License Should be Mailed," he put 1212 Miller Road. On September 17, 2015, the explanation letter was e-mailed to Ms. Hess. I apologize for any inconvenience this may have caused. I have sent Mr. Mihalakis and Ms. Hess a letter of apology. S4-2�nt, Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Kevin Firnstahl, City Clerk Mark Dalsing, Chief of Police reccrtv or• DUB E MEMORANDUM Masterpiece on the Mississippi August 26, 2015 TO: Michael C. Van Milligan City Manager FR: Mark M. Dalsing Chief of Police RE: Secondhand Dealer License Recommendation INTRODUCTION This memo is a recommendation that you deny a Secondhand Dealer License to Louis Mihalakis. BACKGROUND Louis Mihalakis originally filed an application for a Secondhand Dealer License in December 2014 for Ace Construction/Louis Mihalakis at 460-464 '%W. Locust Street. The application was reviewed by City staff and rejected as incomplete due to several known criminal violations not being listed. Mihalakis filed again in January 2015 and again it was rejected due to being incomplete in regard to criminal history. In July of 2015 he again filed an application with a partially complete criminal history. In August he submitted the missing pieces of the criminal history and the application was reviewed as a completed document. The review committee comprised of Scott Baxter and Mark Dalsing from the Dubuque Police Department, Mark Burkle from the Dubuque Fire Department, Guy Hemenway and Charles Miller from Planning &Zoning, and Rich Russell from Building Services reviewed the application. Under normal circumstances there are some outstanding violations that would need to be addressed at the property before a license would be considered, however Mihalakis has criminal history that in itself is reason for denial. The City Ordinance on licensing says the following: 4.6A-1: DEFINITIONS: PERSON OF GOOD MORAL CHARACTER: A person who meets all of the following requirements: A. The person has such financial standing and good reputation as will satisfy the city council that the person will comply with all the laws, provisions of this code, other city ordinances, and regulations applicable to the person's operations under state law. 1 However,the city council will not require the person to post a bond to meet the requirements of this subsection; B. The applicant is a citizen or legal resident of the United States; in the case of a corporation, is licensed to do business in the state of Iowa; or in the case of a partnership, only one general partner needs to be a citizen or legal resident; C. The person has not been convicted of a felony. However, if a conviction of a felony occurred more than five (5) years before the application for a license or permit and if the person's rights of citizenship have been restored, the city manager may determine that said person is a person of moral character notwithstanding the conviction; and D. The person has not been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or deceptive practices, the possession, manufacture, or delivery of a controlled substance, possession with intent to manufacture or deliver a controlled substance, possession of drug paraphernalia, or nonpayment of excise taxes for a controlled substance, nonpayment of other taxes, or demonstrated insolvency. Mr. Mihalakis would not meet the definition of Good Moral category under subsections A, C & D. He has been a repeat violator of City ordinances for several years involving multiple properties. He was convicted in federal court in April 2001 for the felony level crime of Conspiracy to Manufacture &Attempt to Manufacture Methamphetamine. His sentence, including supervised release after prison, concluded 02/01/2009 which is more than the five years listed in the ordinance, however to our knowledge he has not had his rights of citizenship reinstated and the drug offense itself is cause for denial. CONCLUSION Based on this information the review committee recommends that you deny a Secondhand Dealer license to Louis Mihalakis. ACTION REQUESTED Denial of Louis Mihalakis' application for a Secondhand Dealer license in the City of Dubuque. 2 CITY OF DUBUQUE-BUSINESS LICENSE APPLICATION FOR SECONDHAND DEALER-PAWNBROKER-JUNK/SALVAGE SALES (Attach additional sheets if necessary) DATE _1-2 Z2 70J // TYPE OF LICENSE APPLYING FOR: Secondhand Dealer _Pawnbroker _Junk/Salvage Sales (Check all that apply) II 1 NAME OF BUSINESS APPLICANT ,Zn c�, 6- I'>7�Gla�� �•r D/B/A(DOING BUSINESS AS) n (_0 ( 6:'o (List Business Name) --� LOCAL BUSINESS ADDRESS "yrs;—//��ra� �• �a��'S� CITY-STATE-ZIP j,--e ADDRESS WHERE LICENSE SHOULD BE MAILED / 2 S0-'00's BUSINESS PHONE# g 4S 914 _E-MAILADDRESS - BRIEF DESCRIPTION OF BUSINESS e, d 4PPl -ir, SA I•eS N N e-c r OWNER INFORMATION NAME OF OWNER �_ OlA:5 Cr 9fin',,� l'S ADDRESS OF OWNER ^112.32( i�� •2r- �� CITY-STATE-ZIP �� a -P .034 S70x3 I, HOMEPHONE# S� 3 7`iS }moi/�� DATEOFBIRTH /1T Zd 6 3 E-MAIL ADDRESS HAVE YOU EVER BEEN CONVICTED OF ANY OFFENSE AGAINST THE LAWS OF THE UNITED STATES, OR ANY STATE OR TERRITORY THEREOF, OR ANY POLITICAL SUBDIVISION OF ANY SUCH STATE OR TERRITORY? A YES NO If yes, please list: IF 17 4 -r Appnr-A-rl.,j - Dom' • BUSINESS INFORMATION Is the company authorized to do business in Iowa? EIN 7 3a Type of Ownership:_Individual_Parinershi Corporation_Foreign PARTNERS:(List all with a 10% interest or more in the businessl Name Address Phone Name Address - Phone CORPORATION OFFICERS: - . 44 t-s vr�I, l�►� 1 S Name ^"d ss Phone Name .Address Phone HAVE ANY OF THE CORPORATION OFFICERS OR PARTNERS LISTED BEEN CONVICTED OF ANY - OFFENSE AGAINST THE LAWS OF THE UNITED STATES, OR ANY STATE OR TERRITORY THEREOF, OR ANY POLITICAL SUBDIVISION OF ANY SUCH STATE OR TERRITORY? YES NO If yes,please list: ATA z7v� fah PROOF OF FINANCIAL RESPONSIBILITY Pawnbrokers and secondhand dealers who receive actual possession of property for resale with an agreement to return the property to the owner within a specified period of time must furnish proof of financial res7WA lbili by posting bond in the amount of fifteen thousand dollars($15,000).HAVE YOU ATTACHED A SURETY BOND AS PROOF OF FINANCIAL RESPONSIBILITY?_YES_NC REPORTING REQUIREMENTS - Pawnbrokers and secondhand dealers must provide an electronic transaction of all articles of any kind purchased or received using the City's electronic reporting system(LeadsOnline) I HEREBY CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE AND ACCURATE TO THE EE7BE ITPS F MY KNOWLEDGE. A LICANTS SIGNATURE CIT'CLERK'S OFFICE 50 W.13TH ST DUBUQUE,IA 52101 (563)580-01n FOR OFFICE USE ONLY FEE PAID DATERECEIVED LICENSE NO DEPARTMENTAPPROVALS:ZONING_ FIRE_ POLICE_ BLDG SVCS CITY OF DUBUQUE-BUSINESS LICENSE APPLICATION FOR SECONDHAND DEALER-PAWNBROKER-JUNKISALVAGE SALES (Attach additional sheets if necessary) 9 7�'�Ln s DATE / -'3 '/ TYPE OF LICENSE APPLYING FOR: Secondhand Dealer _Pawnbroker —Junk/Salvage Sales (Check all that apply) ' j . NAME OF BUSINESS APPLICANT l n[w < C2' /_A'hu klr iT DIB/A(DOINGBUSINESS AS) LC Clock's (List Business Name) 9/bb— LOCAL BUSINESS ADDRES S CITY-STATE-ZIP ADDRESS WHERE LICENSE SHOULD BE MAILED _ 7 2 LZ BUSINESS PHONE# S6s Vy- S/4? E-MAIL ADDRESS BRIEF DESCRIPTION OF BUSINESS c/SeSA )-es N QCCr-ci/' OWNER INFORMATION NAME OF OWNER ou 's l't- 1ht.1e�l'S ADDRESS OF OWNER \? �1-L M ��� 2r- eo C(TY-STATE-ZIP (.k,�L�-e . ) S 7003 ' HOME PHONE# 5- DATE OF BIRTH /n 6 3 E-MAIL ADDRESS HAVE YOU EVER BEEN CONVICTED OF ANY OFFENSE AGAINST THE LAWS OF THE UNITED STATES, OR ANY STATE OR TERRITORY THEREOF, OR ANY POLITICAL SUBDIVISION OF ANY SUCH STATE OR -TERRITORY? 1. ,YES NO If yes, please list f-F c�c 1(�44C)e va �(-(-e SS : ,�rOd ac.a� Y ''E Hny CC�Mtiov1 Rce,a�'r) �or APO- D BUSINESS INFORMATION Is the company authorized to do business in Iowa? EIN# �� ! 7 ? 3a 3 Type of Ownership:_Individual_Padnershi Corporaflon_Foreign PARTNERS:(Ust all with a 10% Interest or marein the business) Name Address Phone Name Address Phone CORPORATIONOFFICERS:// _ C� UI-s , L,(Q—(< I'S Name Address Phone Name .Address Phone HAVE ANY OF THE CORPORATION OFFICERS OR PARTNERS LISTED BEEN CONVICTED OF ANY OFFENSE AGAINST THE LAWS OF THE UNITED STATES, OR ANY STATE OR TERRITORY THEREOF, OR ANY POLITICAL SUBDIVISION OF ANY SUCH STATE OR TERRITORY? YES TNO If yes, please list: C 1 a_1 PROOF OF FINANCIAL RESPONSIBILITY ` "P Tt�G Cf' `J Pawnbrokers and secondhand dealers who receive actual possession of property for resale wrath an agreement - to return the property to the owner within a specified period of time must furnish proof of financial responsibili by posting bond In the amount of fifteen thousand dollars($15,000). HAVE YOU ATTACHED A SURETY BOND AS PROOF OF FINANCIAL RESPONSIBILITY?_YES^NO_WA REPORTING REQUIREMENTS Pawnbrokers and secondhand dealers must provide an electronic transaction of all articles of any kind purchased or received using the City's electronic reporting system(LeadsOnline) I HEREBY CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE AND ACCURATE TO THE BE F MY KNOWLEDGE, A LICANTS SIGNATURE CITY CLEWS OFFICE W W.13TH ST rII DUBUQUE,I01 A.SM ( fA ) (560)Sd9-0122 �� FOR OFFICE USE ONLY FEE PAID DATE RECEIVED jW,73 d' LICENSENO /DEPARTMENTAPPROVALS:ZONING_ FIRE_ POLICE_ BLDG SVCS �-7Z,i�.rl.• co,,.l -�nr n>.,�.,"..r.a onnar.,e� D /9�s ; lifnln�: /,dt /e�?�`>�yU" i Trial Search Results Page 1 of 2 Case lD Title Name DOB Role 01311 AGCR036415 STVSLOUISMIBALAKIS MIHALAKIS, 1026/1963 DEFENDANT LOUIS GEORGE 01311 AGCR109127 ST V LOUIS MIHALAKIS MRWAIUS, 1026/1963 DEFENDANT LOUIS GEORGE 01311 CICV022081 CITY OF DUBUQUE VS LOUIS MIHALAKIS, 1026/1963 DEFENDANT MBIALAKIS LOUIS GEORGE 01311 CICV027843 DUB VS LOUIS MIHALAKIS MIHALAKIS, 1026/1963 DEFENDANT LOUIS GEORGE 01311 CICV038456 CITY OF DUBUQUE VS MIHALAKIS, 1026/1963 DEFENDANT MIHALAKIS LOUIS GEORGE 01311 CICV039467 CITY OF DUBUQUE MEIALAKIS, 1026/1963 DEFENDANT MIHALAKIS LOUIS GEORGE 01311 CICV039967 CITY OF DUBUQUE MIHALAKIS, 1026/1963 DEFENDANT MIHAI,AKIS LOUIS GEORGE 01311 CICV039968 CITY OF DUBUQUE MELALAKIS, 1026/1963 DEFENDANT MBIALAKIS LOUIS GEORGE 01311 CICV062519 ACH CITY OF DBQV MIHALAKIS, 1026/1963 DEFENDANT MRLALAKIS LOUIS GEORGE 01311 CICV918269 _DU.VLOUISGIv AKIS ____-MIIIALAKIS,. _ 926/1963. DEF.ENDANL—_ _.. - - LOUIS GEORGE 01311 CICV928270 DUV LOUIS G MEIALAKiS MIHALAKIS, 1026/1963 DEFENDANT LOUISGEORGE 01311 FECR024857 ST VS CHARLES E.PETERSON MIHALAKIS, 1026/1963 PAYOR LOUIS GEORGE 1 01311 FWR036088 ST VS LOUIS MMALAKIS MBIALAKIS, 1026/1963 DEFBNDANT LOUIS GEORGE 01311 FECRO42816 ACH ST VS LOUIS MBIAKAKIS MIHALAKIS, 1026/1963 DEFENDANT LOUIS GEORGE 01311 FECRO67131 ST V LOUIS MHIALAKIS MIHALAKIS, 1026//963 DEFENDANT LOUISGEORGE 01311 SHCR026578 STATE VS LOUIS MIHALAKIS MMLAKIS, 1026//963 DEFENDANT LOUIS GEORGE 01311 SWR035939 ST VS LOUIS MDIALAKIS MBIALAKIS, 1026/1963 DEFENDANT LOUIS GEORGE 01311 SHCR084885 ST VS LOUIS MIHALAKIS MIHALAKIS, 1026/1963 DEF13NDANT LOUIS GEORGE - 01311 SMCR091938 ST V LOUIS MIHALAKIS MIHALAKIS, 1026/1963 DEFENDANT LOUIS GEORGE 01311 SPCR036181 SP-LOUIS MIHALAKIS 1026/1963 https://www.iowacoints.state.ia.us/ESAWebAppfrrialCaseSe"chResultSeivlet 1/9/2015 Trial Search Results Page 2 of 2 MIHALAKIS, INTERESTED LOUIS GEORGE PARTY 01311 SRCR034095 ST VS LOUIS G MIHALAIUS MEIALAKIS, 1026/1963 DEPENDANT LOUIS GEORGE 01311 SRCR042310 STVS LOUIS G MELILAKIS MEIALAKIS, 1026/1963 DEFENDANT LOUIS GEORGE 01311 SKCR036169 SW-LOUIS MIHALAKIS MIHALAKIS, 1026/1963 DEFENDANT LOUIS GEORGE CNaloan Q Publere,JUDICIAL Lagon Register Certain details of case data are only shown to subscribers.You may logon at this time if you are a subscriber,or you may be became a subscriber by registering at this time.There is a$25.00 per month subscriptioa fee. For exclusive use by the Iowa Courts j ®State of Iowa, All Rights Reserved hqs://w ,iow om2s.state.ia.us/ESAWebApp/'FrialCaseSearcliResultServlet 1/92015 CITY OF DUBUQUE-BUSINESS LICENSE APPLICATION FOR SECONDHAND DEALER-PAWNBROKER-JUNK/SALVAGE SALES (Attach additional sheets If necessary) DATE I - TYPE OF LICENSE APPLYING FOR: _&1condhand Dealer _Pawnbroker _Junk/Salvags Sales (Check all that apply) �✓II NAME OF BUSINESS APPLICANT q&_ tf aesn �✓t. r 4,,-- i•r Av' rr�i1 D/B/A(DOING BUSINESS AS) 7^t�C Cnac�-✓ar�.'ah (List Business Name)- U LOCAL BUSINESS ADDRESS ,�--1 / U �le yr/14 CITY-STATE-ZIP Wbu e- <2609 ADDRESS WHERE LICENSE SHOULD BE MAILED 12- 1 BUSINESS PHONE# - 0 6 4jr YI?? E-MAIL/ADDRESS BRIEF DESCRIPTION OF BUSINESS (/r St d Q� (•u\C e OWNER INFORMATIONAA - NAME OFOWNER G aNrS ft,- L14r,3, ADDRESS OF OWNER �Llil�Y/p 21� CITY—STATE—ZIP �/��; c.✓ fN HOME PHONE#S" Y )5 'Y(g ? DATE OF BIRTH E-MAIL ADDRESS 'C Lf- ea k.101 In 1 c L'M 1 " YNIro f { HAVE YOU EVER BEEN CONVICTED OF ANY OFFENSE AGAINST THE LAWS OF THE UNITED STATES, OR ANY STATE OR TERRITORY THEREOF,OR ANY POLITICAL SUBDIVISION OF ANY SUCH STATE OR TERRITORY? - �/ YES_NO If yes,please Its : 1 I 3� APn BUSINESS INFORMATION Is the company authorized to do business in Iowa? EIN 8 b 'f 7 /^� 7 Type of Ownership:_Individual_Partnership Corpotatlon_Foreign PARTNERS:(List all with a 10%Interest or more In the business) Name Address - Phone Name Address Phone CORPORATION OFFICERS: ' 8'(IF j Name Address Phone - Name Address _ Phone HAVE ANY OF THE CORPORATION OFFICERS OR PARTNERS LISTED BEEN CONVICTED OF ANY OFFENSE AGAINST THE LAWS OF THE UNITED STATES,OR ANY STATE OR TERRITORY THEREOF, OR ANY POLITICAL SUBDIVISION OF ANY SUCH STATE OR TERRITORY? YESNO If yes,please PROOF OF FINANCIAL RESPONSIBILITY Pawnbrokers and secondhand dealers who receive actual possession of property for resale with an agreement to return the property to the owner within a specified period of time must furnish proof of financial responsibility by posting bond 16 the amount of fifteen thou§and dollars($15,000). NAVE YOU ATTACHED A SURETY BOND AS PROOF OF FINANCIAL RESPONSIBILITY?_YES_NOL-x-WA REPORTING REQUIREMENTS _ Pawnbrokers and secondhand dealers must provide an electronic transaction of all articles of any kind purchased or received using the City's electronic reporting system(LeadsOnline) I I HEREBY CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE AND ACCURATE_TO THE BEST OF M NOWLEDGE. ' APPLIC&n S GNATURE CITY CLERICS OFFICE a0 W, L ST DUBUQUE,E,W..51001 • tsesl ssaalzz FOR OFFICE USE ONLY FEEPAID DATE RECEIVED LICENSE NO DEPARTMENTAPPROVALS:ZONING_ FIRE_ POLICE_ BLDGSVCS =nms Charges Charges,Dispositions,Sentences Title: ST VS LOUIS NHHALAKIS Case: 01311 FECR036088 (DUBUQUE) Citation Number: Defendant: MIHALAKIS,LOUIS GEORGE Count0l Charge Charge: 124.401(Ixa) Description: CONTROLLED SUBSTANCE VIOL.(FELB) Offense Date: 11/27/1998 AsrestDate: Against Type: DPSNumbcr: Adjudication Charge: 124.401(1)(a) Description: CONTROLLED SUBSTANCE VIOL.(FELB) Adj.: DISMISSED Adj.Date: 12/03/1999 Adj.Judge: CURNAN,ROBERT I(JUDGE) Comments: Sentence Charge: 124.401(I)(a) Description: CONTROLLED SUBSTANCE VIOL.(FELB) Date:Sentence 12/03/1999 Sentence: DISMISSED Appeal: Sen.Judge: CURNAN,ROBERT I(JUDGE) Facility Type: Attorney: N Restitution: N Drug: N Extradition: N - Lic.Revoked; N DDS: N Barterer; N Fine Amount: Duration: Comment: ount02 Charge Charge: 713.6(A) Description: BURGLARY 3RD DEGREE-1991 (FELD) Offeme Date: 11/27/1998 Arrest Date: AgainstType: DPS Number: MIpslNrvnv.Imvecawls.slele.lawlES4WeMppRYiexCharges V2 712112015 Charges Ad'udicatinn Charge: Description: Adj.: Adj.Date: Adj.Judge: , Comments: Sentence Charge: Descpton: Sentence null Sentence: Da 1e: Appeal: Sen.Judge: Facility Type: Attorney: Restitution: Drug: Extradition: Lit-Revoked: DDS: Ba uerer: Rine Amount: Duration: Comment: �^ CN=John n Pablk,C=JUDICIAL Logon 12eg75f2r' '� Certain details ofcase data are only shown to subscribers.You may logon at this time ifyou are a subscriber,or you may be become a subscriber by registering at this time.There is a$25.00 per month subscription fee. for exclusive use by the Iowa Courts ®State oflowa, All Rights Reserved M1pslMaw+Aoxac 6.elate.Ia.miESAWebAyprrMmCharges 212 7121/2015 Clauses Charges,Dispositions,Sentences Title: ST VS LOUIS MIHALAKIS Case: 01311 SMCRO35939(DUBUQUE) Citation Number: Defendant: IMALAKIS,LOUIS GEORGE Count 1 Charge Charge: 708.2A(2)(A) Description: DOMESTIC ABUSE ASSAULT(SMMS) Offense Date: 11/15/1998 Arrest Date: AgainstType: DPSNUmbel': Adjudication Charge: 708.2A(2XA) Description: DOMESTIC ABUSE ASSAULT(SMMS) Adj.: DNU-GUILTY Adj.Date: 01/26/1999 Adj.Judge: GLEASON,RICHARD R(JUDGE) Comments: Sentence Charge: 708.2A(2)(A) Description: DOMESTiCABUSEASSAULT(SMMS) Sentence Date: 01/26/1999 Sentence: JAIL Appeal: Sen.dudge: GLEASON,RICHARDR(JUDGE) PaeilityType: Attorney: N Restitution: N Drug: N Extradition: N Lic.Revolred: N DDS: N Barterer: N Rine Amonut: Duration: 5Day(s) Comment: CN-John Q Public.0=JUDICIAL Ego :liter'. Certain details ofcase data are only shown to subscribers.You may logon at this time ifyou are a subscriber,or you may be become a subscriber by registering at this time.There is a$25.00 per month subscription fee. For exclusive use by the Iowa Courts hllpslMww.lavaeaets.slalela wrESAWeWpWawCharges 112 729=5 Chwpes Cogi ;=Re IS}Eri Certain details of case data are only shown to subscribers.You may logon at this time ifyou are a subscriber,or you maybe become a subscriber by registering at this time.There is a$25.00 per month subscription fee. For exclusive use by the Iowa Courts ®State oflowa, All Rights Reserved I I hllp lkM .Ivvecwne.stele la.mlESAWebApprrM.ChWW y2 7212015 Charges SII Charges,Dispositions,Sentences Title:ST VS LOUIS G NURALAKIS j Case:01311 SRCRO34095(DUBUQUE) Citation Number: f Defendant: MIHALAKIS,LOUIS GEORGE C nt 01 Chyrge Charge: ... Description: DM-I10MESIICABUSEASSAULTW/OINTENTCAUSMINJRY(SRMS) Dah: Offenne 0624/1998 Arrest Date: Against Type: 4 DPS 4Number: Ad'ndication Charge: '0'2A(2) Description: DNU-DOMESTIC ABUSE ASSAULT W/0INCENTCAUSDJGA7URY(SR14S) Adj.: DNU--T.Y Adj.Date: 0126/1999 GUEL Adj.Jadge: GLEASON,RICHARD R(RIDGE) Commems: Sentence Charge: 70"A( ) Descripdan: DNU-DOMESTIC ABUSE ASSAULT W/OWhM CAUSING INIURY(SRMS) Date:Sentance 0126/1999 Sentence: JAIL Appeal: Sen.Jadge: GLEASON,MCHARDR(JUDGE) Facility AM...y: N Type: Resfitatiom N Drag: N Erkadifiot: N Li.Revohed: N DDS: N Batterer. Y Fine Detafion: 95 Day($) Amaont Comment ntenee Charge: @)yA(t) Deseripfioa: DNU-DOMESTIC ABUSBASSAULT W/O INTENTCAUSING INIURY(SRMS) DO,;Sentence 0126/1999 Sentence: FROBATION Appeal: Seu.Judge: GLEASON,RICHARD R(JUDGE) Facility Allonrey: N Type: 1tlIps9Arvrx.ioxacauris.slaela.:n:ESAWebMprtNewCharg� 114 T2112015 Charges RutlNtiov: N Rug: N Extradition: N Lk.Revoked: N DPS: N Batterer. Y Five Durafivn: 24 Month(s) Amowh Commmrt: seu t nce Chmge: 7082A(2) De,enpfion: DNU-DOMESTIC ABUSE ASSAULT W/O LATENT CAUSING INJURY(SRMS) Urate:Senknce 01/26/1999 Sentence: SUSPIINOED JAIL Appeal: Sen.Judge: GLEASON,RICHARD R(JUDGE) Facility Affvruey: N Type: Reatihdtiov: N Drug: N Estradlfion: N LIe.Revoketl: N DDS: N Bafkrer: Y Fiue Duration: 90 Day(s) AmowF. Cousmevh Count 03 Charge Charge: 726.6(3) Description: DNU-CHR.DENDANGERMhNC/NOWURY-1985(AGMS) Data:OBeusc 06/24/1998 Arr aDnto: AgniasfType: DPS Munbee: Ajudication Charge: 726.6(7) Description: DW-CJRLDENDANGERMENT/NOUQMY-1985(AGMS) Adj.; DNU- AdjDoh: 011261]999 DISMISSED AIIj.Judge: GLEASON,RJCRARDR(JUDGE) Commevn: Sentence Charge: 726.6(7) Description: DNU-CH9.DENDANGERMENT/NOINJURY-1985(AGMS) Date: k Sennce OIR6/1999 Seatence DISMISSED Appeal; Stv.Judge: GLEASON,RICHARDR(JUUGE) Facility Type: Attorney: N hllpsJM..Imu cov". l..ESAWaMpprrM w hagm 2/4 ]1212015 Chwgw Charges,Dispositions,Sentences Title: ST VS LOUIS NUHALAKIS Case: 01311 SMCRO84885(DUBUQUE) Citation Number: Defendant: MIHALAKIS,LOUIS GEORGE Count 01 Charge Charge: 716.6(2) Dcsuiption: CRIMINALMISCHEEFSTHDEGREE(SMMS) Offense 02/232009 ArrestDnte: AgahwtType: Date: DPS Number: i Adiudication Charge: 716.6(2) Description: CRIMINAL MISCHIEF 5THDEGREE(SMMS) 1 Adj.: DISMISSED BY COURT Adj.Date: 06/172009 Adj.7ndge: LANGE,FRANCIS I(MAGISTRATE) Comments: Sentence Charge: 716.6(2) Description: CRIMINALMISCHIEF 5THDEGREE(SMMS) Sentence 06/172009 Sentence: DISMISSED Date: Appeal: Sen.judge: LANGE,FRANCIS I(MAGISTRATE) Facility Attorney: N Type: Restitution: N Drug: N Extradition: N LIc.Revoked: N DDS: N Barterer: Fine Duration: Amount: Comment. Count 02 Charme Charge: 321.78 Description: TAMPERING VATH AMOTOR VEHFCLE-1989 Offense 02/232009 Arrest Dat.: Against Type: NlpslM ja wts.stele.IaimESAWebPprdTmewClmoes 12 7812075 Charges Date: DPS Number: Adjudication Charge: 321.78 Description: TAAIMRINGWlTHAMOTORVEMCLE-1989 Adj.: DISMISSED BY COURT Adj.Dnte: 06/17/2009 Adj.Judge: LANGE,FRANCIS I(MAGISTRATE) Comments: Sentence Charge: 321.78 Description: TAMPERING WITIIA MOTOR VEhiECLE-1989 Data;Sentence 06/17/2009 Sentence: DISMISSED Appeal: Sen.Judge: LANGF„FRANCIS J(MAGISTRATE) Facility Attorney: N Type: Restitution: N Drug: N Extradition: N Lic.Rcvolred: N DDS: N Barterer: I Fine Duration: Amount: Comment: CW-John 0 PubfigOJUEXGIAL Logon Register,'% Certain details ofcase data are only shovm to subscribers.You may logon at this time ifyou are a subscriber,oryou may be become a subscriber by registering at this time.There is a$35.00 per month subscription fee. For exclusive use by the Iowa Courts ®State oflowa, All Rights Reserved NipsYN .lmvaeoertsslatela.wFSAWeWpffVi Chages T2 l/ IMA5 Charges Charges,Dispositions,Sentences Title: STATE VS LOUIS MIHALAKIS Case: 01311 SMCRO26578(DUBUQUE) Citation Number: Defendant: MIHALAKIS,LOUIS GEORGE Count 01 Charge Charge: 321.99 Description: IMPROPER USE OF REGISTRATION-1978(SMMS) DflfC:Offeuse 11/30/1996 Arrest Daft. Against Type. DPS Number: Adjudication Charge: 321.99 Description: IMPROPER USE OF REGISTRATION-1978(SMMS) Adj.: DNU- Adj.Date: 02/06/1997 DISMISSED Adj.dndge: LANGE,FRANCIS J(MAGISTRATE) Comments: Sentence Charge: 321.99 Description: IMPROPER USE OF REGISTRATION-1978(SMMS) Date:Sentence 02/06/1997 Sentence: DISMISSED Appeal: Sen.Judge: LANGE,FRANCIS I(MAGISTRATE) Facility Attorney: N Type: Restitution: N Drug: N Extradition: N Lic.Revolced: N DDS: N Dafterer: Fine Duration: Amount: Comment: CN=John Q Publk.0-JUDICIAL Nlpa:l/www.lavacourls.slefe.lausMSAWetNpp/TNerChar� 1� 1Qt2015 Charges Lagon `-Reglster Certain details of case data are only shown to subscribers.You may logon at this time if you are a subscriber,or you maybe become a subscriber by registering at this time.There is a$25.00 per month subscription fee. For exclusive use by the Iowa Courts ®State oflowa, All Rights Reserved httpslN .la na usstate.la is SAWebAppfTMe Charges 7mn015 Chargre Charges,Dispositions,Sentences Title: ST V LOUIS MIHALAICIS Case: 01311 FECR067131 (DUBUQUE) Citation Number: Defendant: MTHALAKTS,LOUIS GEORGE i Count 01 Charge Charge: 714.2(2) Description: THEFT 2ND DEGREE-1978(FEW) Offense Date: 07/10/2005 Arrest Date: Againsi Type: DPS Number: 3009010-01 Adjudication Charge: 714.2(2) Description: THEFT 2ND DEGREE-1978(FELD) Adj.: DISMISSED BY COURT Adj.Date: 10/10/2006 Adj.dudge: PEARSON,ALAN L(JUDGE) Comments: 1 Sentence Charge: 714.2(2) Description: TBEFT2ND DEGREE-1978(FELD) Sentence Date: 10/10/2006 Sentence: DISMISSED Appeal: Sen.dudge: PEARSON,ALANL(JUDGE) Facility Type: Attorney: Y Restitution: N Drug: N Extradition: N Lic.Revoked: N DDS: N Baaerer: Fine Amount: Duration: Comment: CN=John O Public,O=JUDICIAL I:pgon' Reglster; Certain details of case data are only shown to subscribers.You may logon at this time ifyou am a subscriber,oryou may be become a subscriber by registering at this time.There is a$25.00 per month subscription fee. For exclusive use by the Iowa Courts alralAwwi.ionacar6.slelefa.uvESAWebAppTYiewCharges t/2 TOM15 chug. ®State oflowa, All Rights Reserved I I hgps Ihnn>'.imacwrlsslate.Ia.MZl WebApprtVewCharges M 7212615 Clnrgse Charges,Dispositions,Sentences Title: ACH ST VS LOUIS NUHAKAKIS Case: 01311 FECR042816(DUBUQUE) Citation Number: Defendant: MIHALAKIS,LOUIS GEORGE Court Ol Charge ! Charge: 713.6(A) Description: BURGLARY 3RD DEGREE-1991 (FELD) Offense Date: 04/01/2000 Arrest Date: AgainstType: DPS Number: 0537557-01 Adjudication Charge: 713.6A Description: DNU-BURGLARY3RD DEGREE-1991 (FELD) Adj.: GiNU- Adj.Date: 05/01/2001 Adj.Jadge: CURNAN,ROBERT I(JUDGE) Comments: Sentence Charge: 713.6A Description: DNU-BURGLARY 3RD DEGREE-1991 (FELD) Do le:Sentence 05/0112001 Sentence: PRISON Appeal: Sen.Judge: CURNAN,ROBERT J(JUDGE) Facility Attorney: Y Type: Restitution: N Drug: N Extradition: N Lic.Revohed: N DDS: N Banerer: N Fine Amount: Duration: 5Year(s) Comment: Count 02 Charge Clmrge: 713.6(A) Description: BURGLARY 3RD DEGREE-1991 (FELD) Offense Date: 04/01/2000 Arrest Date: AgainstType: hlpsYA .Immourls.alale.1a.ml WeWpprMewC ges to I ,121/20,5 Charges DPSNumber: 0537557-02 Adjudication Charge: 713.6A Description: DNO-BIJRGI.ARY3RDDEGREE•1991(FELD) Adj.: DNU- ,Y Adj.Datc: 05/01/2001 GIAL Adj.Jndge: CIIRNAN,ROBERTJ(JUDGE) Comments: Sentence Charge: 713.6A Description: DNU-13URGLARY 3RD DEGREE-1991 (FELD) Dote:Sentence 05/01/2001 Sentence: PRISON Appeal: Sen.Judge: CURNAN,ROBERT J(JUDGE) Facility Attorney: Y Type: {�{ Resdtudon: N Drug: N Extradition: N 1 Lie.Revoked: N DDS: N Barterer: N Fine Amonnb Duration: 5Year(s) Comment: CN-John Q Puboa,0=JUDICIAL LQga ;aRegls(er,� Certain details of case data are only shown to subscribers.You may logon at this time if you are a subscriber,or you may be become a subscriber by registering at this time.Thera is a$25.00 per month subscription fee. For exclusive use by the Iowa Courts ®State oflown, All Rights Reserved MlpsJhvww.lavacaiuls slate.Ia.mIE54WeW,pp'rYewCharges 2rz ]21IZ015 Charges Charges,Dispositions,Sentences Title: ST VS LOUIS NUHALAKIS Case: 01311 AGCR036415(DUBUQUE) Citation Number: Defendant: MIHALAKIS,LOUIS GEORGE Count 01 Charge Charge: 7142(3) Description: TBEHT3RDDEGREE-1978(AGMS) Dale:ORmise 05/11/1998 Arrest Date: Against Type: UPS Number: Adindieatlon Charge: 714.2(3) Dcseriptton: THEFT 3RD DEGREE-1978(AGMS) Adj.: DNU-DISMISSED Adj.Dnte: 03/092000 Adj.Judge: GLEASON,RICHARD It(JUDGE) Comments: Sentence Charge: 714.2(3) Description: THEFT 3RD DEGREE-1978(AGMS) Data.Sentence 03/092000 Smrtone.: DISMISSED Appeal: Sen.Jndge: GLEASON,RICHARD R(JUDGE) Facility Attorney: N Type: ResHhdion: N Drug: N Extradition: N Lh,.R.vokad: N DDS: N f aaeree: N Fine Duration: Amonne Comment: Count 02 Charge Charge: 665.4(2) Descrip0ou: ONLY-CONTEMFPDISTRICf COURT-1978(SRMS) Date:Offense 06222005 Arrest Date: AgainstType: IttpsJN .Iavaccurls.sWe.1a.us ESAWehApWT mChargeo im 112MIS Charges DPS Number: Atuudication Charge; 665.4(2) Description: ONO-COWEMPT DISTRICT COURT-1978(SRMS) Adj.: DISMISSED BY COURT Adj.Date: 10127/2005 Adj.Jadge: ACKLRY,MOMCAL(JUDGE) Commculs: ntence Chaegc: 665.4(2) Description DNU-CONTEMPTDISTRICT COURT-1978(SRMS) Dale:Seatenee 1027/'2005 Sentence: DISMISSED Appeal: Sen.Jadgc: ACKLEY,MONICA L(JUDO E) Facility Attorney: N Type: Reslihdiam N Drug: N Extradition: N Lic.Revoked: N DDS: N Barterer: Fine Aamuou Duratioh; Comment: ( John 0 Public,0=J1AIML Certain details ofeasc data are only show to subscribers.You may logon at this time ifyou area subscriber,oryou may be become a subscriber by registering at this time.Them is a$25.00 per month subscription foe. For exclusive on by the lam Courts ®State oflom, All Rights Reserved Mlps:/Awrr�.laxacaurlsstalela.iaESAWetJpplrYewctrerges 2/� 7/21/2015 Cheraw Charges,Dispositions,Sentences Title: STATE VS MIHALAKIS,LOUIS G Case: 07491 SMCROO1094(JACKSON) Citation Number: Defendant: MTHALAKIS,LOUIS G Count 0 1 Charge Charge: 716.7 Description: DNU-TRESPASS Offense Dote: 12/07/1994 ArrestDate: AgainstType: DPSNumher: Adimdication Charge; 716.7 Description: DNU-TRESPASS Adj.: DNU-GUILTY Adj.Date: 01/17/1995 Adj.Judge: BESCFI,RONALD Comments: Sentence Charge: 716.7 Description: DNU-TRESPASS Sentence Date: 01/17/1995 Sentence: FM Appeal: Sen.Judge: BESCH,RONALD Facility Type. Attorney: N Restitution: N Drug: N Extradition: N Lic.Revoiced: N DDS: N Barterer: Fine Amount: Duration: Comment: SUSP-1 YR PROS CWJoha 0 PubkO=JUDICIAL ,4,4'oyo"1i �F.t Isk�Fq Certain details of case data are only shown to subscribers.You may logon at this time if you are a subscriber,or you may be become a subscriber by registering at this time.There is a$25.00 per month subscription fee. For exclusive use by the lova Courts MIpsJMxnv.loxacavlsalelela.isiESAwehaOp'T4lexcharpes im Minors charges ®State oflowo, All Rights Reserved a g� Jg1 1 hgps:Ihwrw.laea rls.slaleia.wffimwebWvimcharges 70=16 Cherg� Charges,Dispositions, Sentences Title: ST VS LOUIS G MIHALAKIS Case: 01311 SRCRO42310(DUBUQUE) Citation Number: Defendant: MIUALAKIS,LOUIS GEORGE Count 01 Charge Charge: 716.6(1) Description: DNU-CRIMINAL MISCHIEF 4TH DEGREE(SRMS) Date:Offense 04/08/2000 Arrest Date: Against Type: DPS Number: 0496109-01 Adjudication I Charge: 716.6(1) Description: DNU-CRIMINAL MISCHIEF 4TH DEGREE(SRMS) Adj.: DNU- Adj.Date: 08/27/2001 DISMISSED Adj.Judge: FAUTSCH,LAWRENCE H(JUDGE) Comments: Sentence Charge: 716.6(1) Description: DNU-CRIMINAL MISCI=-4THDEGREE(SRMS) Date:Sentence 0827/2001 Sentence: DISMISSED Appeal: Sen.Judge: FAUTSCKLAWRENCEH(JUDGE) Facility - Attorney: N Type: Restitution: N Drug: N Extradition: N Lic.Revoked: N DDS: N Batterer: N Fine Duration: Amount: Comment: CN=John O Publla,0=JUDICIAL t/1palkeuw1wacuurtsstdala.uwMWebAWT\4eNG urges 12 7/21=45 Charges Logon :Register Certain details of case data are only shown to subscribers.You may logon at this time if you are a subscriber,or you may be become a subscriber by registering at this time.There is a$25.00 per month subscription fee. For exclusive use by the lows Courts ®State of low, All Rights Reserved hupslN .tma�rls.elle.la.wffE WebApr McAmChargm y2 721204E cterges Charges,DispodH9m,Seateaces Title:ST V LOUIS MIHALAKIS Case:01311 SMCR091938(DUBUQUE) Citation Number: Defendant: MB3ALAKIS,LOUIS GEORGE Coaal Df llom, Charge: 708](4) Ducriplon: HARASSM 713RDDEG-1989(SMMS) now:Oft... 08MM10 Artest Dole: AgaloetType: DY8 3A0067M Number: Adindigatio t 'CMr6e: 708.7(4) Descrildion: HARASSME /311DDNG.-1989(SMMS) Adj.: GMTY-NRG(TIATE1)N0LW4KEA Adj.Dnk: 01Po4/3011 A,IjJadga MGG,RANDALJ(JUME) i( Commenb: Sentence Gnrge: 708.9(4) DeserlpNon: HARMSIAMfr13RDDEG.-1989(SMMS) now9coteuce 01 42011 Seacean: JAIL APpenl: &.Judge: MGQRATD)ALJ(IUDOE) pavilily J Akomey: N Type: Rofio,Roa: N Drog: N Pkamdifiom N L1eRevalud: N DDS: N Batkrer. M., Dnrndna: 4 Ny(s) Anm::u4: Comment Cot�It 02 Chore. CMrge: 664A7(5)-CNTM Demriplion: CQYTEMPT-VIOLATIQYMNOCONFACTORPROTECTIVEORDER ➢ale;OM... 1/130/3013 Vroot Dnk: AgoimlType: DYs M00671-03 No,.bm Ad1 llrefon Cborge: 664A7(5)L Ihnolpfion: CQYFBMYI'-MLAT10N0FN000NTACT0RPROTEC'OVE0BDER Ad}: DISMISSEDBYCOURT Adj.Dah: 0/072014 Adj.Judge: ACRLEY,MOMCAL(Aff*W C Mmenk: fe e Chnree: 664A7(5)LNTM Description: CONTEMPT-VNLATIONOFN000193'AL MPROTECTIV MMR Mlpa'/Mvnv.laveCWrIs.519ela.usffSAWebAyFRY�ewCharlles ifA 7MMD15 Charges Oak:SuO1eem MM712014 Semenee: DISMISSED Appeal: SeoJmlge: ACILEY,MOMCAL(DIDGS) Facility After-, Type: Reafthu ne Drug: EYlredltime Lieltcvoked: DDS: Barterer FO1e Dmatlon: Amount; Cerement: Court 03 Ch. a ee Charge: 6640.7(1) Description: CONTEMPT-VIOLATION OF NO CQNTACT OR PROTECTIVE ORDER Date:O@nee 12/1]/3013 Arrnt Data: Agntmt T,,c: DPS 3A00671-03 Nnmher. Adi dieattdn Clon": M4A.7(1) DemrlDlime CONS PT-VIOLATION OF NO CONTACT OR PROTECTIVE ORDER Adj.: DMWRFi )BYCOURT AdjMA.: 09/07/2014 Adj.Judge: ACI(LF.Y,MONICA L(JUDGE) Cpmmenk: Sentence Charge: 664A.7(1) Derergfim: COM -k -VIOLATIONOFNOCO ALORM=- TIVEORDER Date:Sentence 04107M14 Semen.: DISMISSED Appeal: Sendmlge: ACKLE$MOMGLLUDGE) Facility Adomey: T,,c: Restitution: Drug: Ertrnditim! LIe.Revoked; DDS: Uniform; Fine Duration: Amamn: Comment: Count 04 Club a Cimrge: 6640.7(1) Deacrlplime CONTEMn-WI TIONOFNOCON'rACTORPROTECTIVEORDER Date:Otteme IWIM013 Arrest Date: Against Type: DPS 30.00671-04 Number: Adi dicntio t Cknrge: 664&7(1) D.erip0un: CONTEMPT-VIOLATl OFNOCONTAa%PROTECTIVBORDM hllps:/AmM1v.ivxaohrls.61a1&Ia.ueIESAWeWppRYieaCt�mges FTd 0A0 1eS8 (Rev.91¢0)Indgnron,In a Cdtninal Cele Sheet UNITED STATES DISTRICT COURT NORTHERN District of IOWA UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE V. (For Ofhmes Commined On orABerNovember 1, 1987) LOUIS GEORGE MIHALAKIS Case Number. CR99-1007 E.Daniel O'Brien F 1 1 Jzp Dcfendenrs Allamay CEDAR RAPIDS RDOTRS OFFICE THE DEFENDANT: 114178014 14 DISTRICT OFIOWA ■ pleaded guiltylocount(s) 1 &2ofthe7,comt06/16/1999,lndicmlent APR 11 2001 ❑ pleaded nolo coneendme to Camels) which was accepted by the court. DaWr9 ❑ was found guilty on coum(s) a0er a plea of not guilty. Date Offense Count Title&Saclion Nature of Offems Concluded Number s 21 U.S.C.§§846, Conspiracy to Manufacture&Attempt in Manufacture November I 841(s)(I)&S41(b)(1)(B) Methamphetamine 1998 21 U.S.C.§853 Farfeiture November 2 1998 f The defendant is sentenced as provided in pages 2 through 8 of thitjudgment. The sentence is unposed pursuant to the Sentencing Reform Act of 1984. ❑ The defendant has been found not guilty on count($) ' ❑ Count(s) ❑ is ❑ are dismissed on the motion ofthe united States. IT IS ORDERED that the defendant sball notify the United Slates anomey for this district within 30 days of any chargge ofname, residence,or mailing address until all fines,retaliation costs and special auessments imposed by thisjudfinent are fully paid. If ordered to PAY restitution,thedefendantshallno8fy theeomtandl)aired§taletattoncyafany material chmgemtMdeendant'seconomiceimc waces. Denndtnts Soc.S..W.: 335-62.1585 Ap '111 2081 Dote of Imposition of Judgment Defendant's Date of 10/2611963 Defendnnt'a USM Nn.: 08093.029 — signmaroo lud¢ml Olnaa Demibens'a RasWrncn Addrtas: 358 East 166 Street Mark W.Bennett Chief U.S.DismictJud e Name..Tak gfludtc el Cancer Dubuque Iowa 52001 q&i Dale 1 �I rndanfs MAWS A4dnn: gas above. an)_ Ct%du."led . 16osynoaLeRtaturd M pfb ya�paa w Idatnntntul lhu dodmt —plaBt�l� ea.t, 4 tRR—'CuUUMent 61-1*SEALED` Filed 04/11/01 Page 1 of B �1 134"C1eM Fg 0 CAS F AO r45R (Rev.M)ludgmem in Criminal Cue Stem 2—tmpdseuneet /edament—Pere 2 of 8 DEFENDANT: LOUIS OEOROEMIHALAKIS ,�4SE NUMBER: CR99-1007 ( IMPRISONMENT The defendant Is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total total term of 60inonths ■ The court makes the folkiwing recormnendations to the Bureau of Prison: Eliot defendant participate in the BOP 500 hour Residential Drug Treatment Program,despite the recommendation in the PSR and that he be placed at FPC Yankton,SD or FMC Rochester,MN. ■ The defendant is remanded to the ctstady of rho United States Marshal. ❑ The defendant shall surrender in the United States Marshal for this district: ❑ at ❑ O.M. ❑ P.m. on ❑ as noted by the United States Mmsbal. The defendant shall surrender for stories of sentence at the institution designated by the Bureau oflhisons: ❑ before 2 p.m.on ❑ as notified by the United Smms Marshal,after May 15,2001. ❑ as notified by the Pmbadon or Pretrial Services Office. RETURN I have executed Ihisjudgment as follows: Defendant delivered on to at , with a certified copy ofthisjudginent. �rn�. UNITE09TAT1:g MARSHAL By DEPUTY NTfiO SPAT A H Case 2:99-cr-01007-LRR Documeht 61-1 •SEALED• Filed 04111101 Page 2 of 8 AO 245D duty.9/00))udgmem In a Criminal Care Skit 5—Supervhed Rclmse ludgnnnt—Page = of S *FFENDANT: LOUIS GEORGE MIE[ALAKIS 1 SE NUMBER: CR99-1007 SUPERVISED RELEASE Upon release from imprisonment,tlm defendant shall be on supervised release for a term 5 years The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau ofpr xins. The defendant shall not commit another federal,$rate or local crime. The defendant shall not illegally possess a controlled substance. For gff'ertms committed on or ofrerSeprember 13, 1990: The defendemsball refrain fromonyunhtwful meofacantrolledsubstance.Thedefervirmahallsnbmitla onedmgtestwithin 15 days of release from imprisonment and at least nvo periodic drug tests thereafter. U The above drug testing condition is suspended,based on the court's determination that die defendant poses a low risk of future substance abuse. • The defendant shall not possess a firearm,destructive device,or any other dangerots weapon. if this judgment imposes o fine or a«stitution obligation,it shall be a condition of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of payments set forth in the lkLninul Monetary Penalties$beet of this judgment. v.� The defendentilullcomp)yywith thestandard conditions that have been adopted by this court(or finish below). Theddoodantshall also rliply with the additional conmtions on the amchedpoge, STANDARD CONDITIONS OF SUPERVISION 1) the defendant shall not leave the judicial district without the permission oftim court of probation officer, 2) the defendant shall report to the probation officer And shall submit a truthfid and complete written ropartwithin the fust five days of each month; 3) the defendant shall answer truthfully all inquiries by the probation ofgcerand follow theinstmetions of the probation officer; 4) the defendant shall support his,or bar dependents and meet other lamilyreryonsibilitiw; 5) the defendant shall work regularly at a lawful Occupation,unless excused by the probation officer for schooling,training,or other acceptable reasons; 6) the defendant shall notify the probation olfceral least ten days prior to any change in residence or employment; 7) the defendant shall refrain from excessive use ofalcohol and shall not purchase,possess,use,distribute,or administer any controlled substance or any paraphernalia related to any controlled substances,except as prescribed by a physician; g) the defendant shag not frequent places where controlled substances aro illegally sold,used distributed,or administered; 9) the defendant shall not associate with any persons engaged in criminal activity and shell not associate with any person convicted of a felony,unless granted permission to do so by the probation officer; 10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall perodl canftscatlan of any contraband observed in plain view of the probation officer; 11) the defendant shall notify the probationofffcer withinseventyrwo hours inflecting arrested orquestionedbya law enfomementOfficer, 12) the defendant shall not enter into any agreement to act as an iofonner or a special agent of a law enforcement agency without the ® permission of the court; as directed by theprobatioo officer,the defendant shall notify third panics rfrisks that may be occasioned by the defendant's criminal record or Personal history or characteristics and shelf permit the probation officer to make such notifications and to eanfirm the defendant s compliance with such notification requirement. Case 2;99-cr-01007-LRR Document 61-1*SEALED' Filed 04/11/01 Page 3 of 6 AO 2458 (nev.W)Judgment in a Cominal Cost shat 3—Cbmin.d 2—SupeMsW aeleom ludgmem—Page 4 of B uFENDANT: LOUIS GEORGE MIRALAKIS .SENUMBER: CR99.1007 SPECIAL CONDITIONS OF SUPERVISION 1. m You shall pardoipate in a pprograof testing bodily fluids and functions and treatment for drug and alcohol abuse as it by your probation 1 icer,until such time as you are released from(he program by your probation officer. 2. You are prohibited from the use of alcohol and are prohibited from frequenting bars,taverns oruther establishments whose primary source of income is derived from the sale of alcohol. 3. You shall participate in mental health counseling if deemed appropriate for you by your probation officer,until such time as you are released from the program by your probation officer. Case 2:99-cr-01007-LRR Document 61-1*SEALED* Filed 04/11/01 Page 4 of 8 A024513 (env.9!007 ludgnma In a Cominal Cue Shat 5.Pm A--Criminal Manemry Pontes lodgment—Page 5 of S DEFENDANT: LOUIS GEORGE MIHALAKIS m,+�ASE NUMBER: CR99-1007 !' CRIMINAL MONETARY PENALTIES The defendant shell pay the fallowing tout criminal monetary,penalties in accordance with the schedule of payments set fordaan Sheet 5,Part B. Assessment Fine Restitution TOTALS $ 100.00 S $ ❑ The determination ofmatitudon is dogmand until _. An Amended Judgment In a aminal Coe(A0245C) will be entered after such detemamalia t, ■ The defendant shall make restitution(including community institution)to the following payees in The amount listed below. lftho defendant moires a panialpaymen4 each pon�ee shall receive au approximate)yproponimtedpaymenl,udcss speclfioJ otherwise in the priority order or percentage payment columclow, However,personal to 18 U.S.C.§3664(1),all nonfederal victims mast be paid in full prior to the United States receiving payment Priority Order *Total Amount of or Pmcentage Nam.of payee Amount of Loss Restitution Ordered o Pa mens TOTALS - It $ ❑ if applicable,restitution amount ordered pursuant to plea ❑ The defnndmashall pay interest on any free of Institution of mom than 82,500,union the fine orms imtion is paid in fall before the fifteenth day after the date of theJudgmcnq pursuant to 18 US.C.§3612(0. All ofdte payment op alas on Sheet 5,pmt B may be subject to penaldes for delinquency and default,pursuant In 18 U.S.C.§3612(g). ❑ The court determined that the defendant does not have the ability to pay interest,and it is ordered that: ❑ the Interest requirement is waived for the ❑ One and/or ❑ rntimdon. ❑ the intereat requirement for the ❑ fine a,vor ❑ matitudon is modified as follows: •Findings forthc tocol mount ofloases aro mainland undorChapplers 109A,110,I10A,and 113A ofTitle 18,United$rates Cede,for offenses conunined an or after September 13,1994 bu�befom April 23,1996. Case 2:99-cr-01007-LRR Document 61-1*SEALED* Filed 04/11/01 Page 5 of 8 A0246B (Rev.9lcaJ ludgmem lna Crimtwl Can Sheers,Plan—CNmhwl Monebry Prnaldw lw,sam—ftp 6 of a DEFENDANT: LOUIS GEORGE MIHALAKIS (—SE NUMBER: CR99.1007 SCHEDULE OF PAYMENTS Having assessed the defendant's ability to pay,payment of the total criminal monetary penalties shall be due as follows: A ❑ Lump sum payment afS due immediately,balance due ❑ not later than ,or ❑ in accordance with ❑ C, ❑ D,or ❑ E below;or E N Payment to begin iounedinuAy(may be combined with ❑C, ❑D,at Cl E below);or C ❑ Payment in (e.g.,equal,weekly,momhly,quarterly)installment of over a period of (e.g.,months or years),to commence (e.g.,30 or 60 days)70er the dale ofthisjudgmenl;or D ❑ Payment in (e.g,,equal,weekly,monthly,quarterly)installments of S over a period of months or years),to commence (e.g.,30 or 60 days)after release from Imprisonment to a term of supervision;or E ❑ Special instructions regarding the payment of criminal 110notary penalties: ,ass the court hosexpressly orderedodunwisa inthespechd instruction above,ifthujudgmentimposes agriod ofimyyrisonment,payment ofcrimmid manetarypenaldes shall be due during du period ofh7diu mne t. All criminal monetary penalties,except those payments made through theFederal Eumau ofPrlsom'Inmft a Finanow[Rcsponsibilily Program,smou de to theclerk of the court,unless alherwisedlrected by the court,the probation officer,or the United States attorney, The defendant shell receive credit for all payments previously rude toward any criminal monetary penalties imposed. ❑ Joint and Several Defendant Name,Casa Number,and Joint and Several Amount: ❑ The defendant shall pay the cost ofpraseeution. ❑ The defendant shall pay the following court cost(s): The defendant shall forfeit the defendant's interest in the following property to the United States: any and all interest the defendant has in the property listed in count 2 of the Indicbnc n. Paymenu shall be applied N the fallowing order:(1)assessment,(2)restitution principal,(3)institution interest,(4)into principal, (S)community resmmtion,(6)foe interest(7)penalties,and(8)costs,including cost ofpmsceudon and court costs. Case 2:99-cr-01007-LRR Document 61-1 *SEALED* Filed 04!11/01 Page 6 of 8 AOU38 (Rev.9NapuJgnnnl b,a MngnolCue Sural 6,Pan A—StaRmnn of t moa, udynenl—Fuge 7 of g DEFENDANT: LOUIS GEORGE MIHALAICIS sa�ASE NUMf1ER: CR99-1007 STATEMENT OF REASONS ■ The court adopts the factual findings and guideline application in the prc'sculenceraport OR ❑ The coon adopts the factual findings and guideline application in Oso presentence report,except(sea annebmcnt,If necessury): Culdellne Range Determined by the Court: 'fatal Offense Level: 23 Criminal History Category: It Imprisonment Range: 60 - to 63 months Supervised Release Range; 4 to 5 years Fine Range: S 10,000 to $ 2,000,000 Fire waived or below the guideline range bacon"of inability to pay. - Total Amount ofReslim6oa S ❑ Discretionary rcatitutien isnot ordered becausethe cumpOcmion and prolongation of the sentencingprocess (malde from the fashioning of a msdtution order oumci�t the need w provide retaliation to any victims,personal to lg U.S.C.§3663(a)(D)(ii) (or in offenses committed before April 23,1996,pursuant to IS U.S.C,§3663(d)). ❑ Restitution pursuant to the mandatory victim restitution provisions is not ordered in Ibis title 1ryry affair. became the number of identifiable victims is No,large ss to make reshmaim impracticable,pursuant to 18 U.M.8.01366SA(c)(3)(A). ❑ Restitution pursuant to the mandatary victim restitution provisiom is not ordered in this title 18 property offense because determining complex issues offact and related to Ora cause amount afthe victim's losseswould complicate or prolongthe sclaemort; T"oo m a dege that the need to provide rmlihdion to any victim is outweighed by the burden on the sentencing process,pursuantm U.S.C.§3663A(c)(3)(8). ❑ smied pursunato Chap rn109An116,1110A and 113A ofTtl1e18,resBNpan is not ordered because Mite"coome total le circumsIon tanceso(Ihc defendant do.notallow for the payment ofany wrammo'a restitution order,end do normlow for the payment of any orsomc pordmof a restoodom order in the foreseeable future under any reasonmle schedule of payments. ❑^ Postai restitution is ordered,PIRSHO t m 18 U.S.C,§3553(a), for the fallowing resonate): I Case 2:99-cr-01007-LRR Document 61-1*SEALED* Filed 04/11/01 Page 7 of 8 A02450 (Rev,9Na)Iudsmeni in o Croonal Caw Shmt 6.Pon B—StumxotofR nxao ludgnem—prop 8 -.7-8 DEFENDANT: LOUIS GEOROEM[IIALAKIS rl!NUMBER: CR99-1007 STATEMENT OF REASONS ■ The sentence is within the guideline range,thnt range dors not exceed N months,and the court finds no reason,to depart from the sentence called for by the application of the guidelines, OR ❑ The sentence is within the guideline range,that range exceeds 24 months,and the sentence is imposed for the following reasons: OR ❑ The sentence departs from the guideline range: ❑ upon motion of the government,as a result of a defendant's substantial assistance,or ❑ for the fallowing specific ressou(s): for over-represcrind criminal history due to the driving while bored conviction.. re';(•J` C.(.. t/ —fi � i 061 anon tce� ss[ .may ata Case 2:99-cr-01007-LRR Document 61-1*SEALED* Filed 04/11/01 Page 8 of 8 rnau+ Report-.aid Order Tennivaing Probation/Supervised Rcicasc United States District Court For The Northern District of Iowa UNITED STATES OFAMERICA v. LOUIS.GrORGL"• Mil IALAKIS Case No. CR 99-1007.1 1lie above named has complied with the conditions of supervised rcleasc imposed by die Court and the tern of Supervised Release expired on February 1,2009. It is therefmr recommended that the dcfendunt be discharged firem supervised release and that the proceedings in the case be terminated. Approved: Respectfully submitted, - Liss Pcuerbach Amber Lupkcs Supervising U.S. Probation Officer U.S.Probation Officer ORDER OP THE COURT Pursuant to the above report, it is ordered that the defundanl be discharged from supervised release and that(lie proceedings in ilia case be terminated. Dated this__ T„ day of 20 0 Lina R. Rade Chief U.S. District Judge Case 2:99-cr-01007-LRR Document 75 Filed 02/09/09 Page 1 of 1