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Players Bar Liquor License ApplicationTO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Liquor License Application for the following: Players Bar and Grill, 1902 Central Avenue DATE: February 13, 2008 Chief of Police Kim Wadding is recommending the continuation of the current six-month liquor license for Players Bar and Grill by noting the new liquor license application is timely filed with the City Clerk's office allowing the current license to continue past the expiration date of March 5, 2008. The purpose would be to continue to meet with owners of Player's Bar and Grill for the purpose of reducing the number of disturbances and arrests allowing fora 60-day review to be done on May 5, 2008. On August 20, 2007, the City Council approved asix-month liquor license for Players Bar and Grill, 1902 Central Avenue. The six-month license replaced an annual license due to ongoing concerns. From April 5, 2006 to May 7, 2007, Players experienced 204 calls for service, averaging 14.5 calls for service per month. Players experienced 74 disturbances, 15 Crimes against Persons, 11 Crimes against Property, and 7 Public Moral violations. In response to the concerns, the police department has been meeting regularly with owners, Dave and Rhonda Lorenz, to discuss and implement a number of strategies to combat the high impact of calls for service. In reviewing the six-month renewal period (August 14, 2007 to January 27, 2008), there have been 56 calls for service. Of those, 26 were reported as disturbances, two crimes against persons, two crime against property, and 10 public moral violations. Of the 26 disturbances, 15 were founded with seven called to the attention of the police by bar staff. Thirty-four persons were charged with 61 individual violations (35 alcohol related violations, 11 disorderly conducts, six Interference with Official Acts, five drug related violations, a burglary, trespass, assault, and an indecent exposure). No alcohol violations were found against the business. Although the Police Department has seen a reduction in the calls for service based upon the previous 12-month period, concern still remains. Chief of Police Kim Wadding believes the owners are committed to an active role in the reduction of the high impact calls for service as shown through their willingness to implement and maintain reduction strategies. I concur with the recommendation and respectfully request Mayor and City Council approval. ~~~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kim B. Wadding, Chief of Police THECI7Y(7F ..~,~. I~LJB E Masterpiece on the Mississippi MEMORANDUM DATE: February 12, 2008 TO: Michael C. Van Milligen City Manager FROM: Kim Wadding ~ ~ Police Chief RE: Liquor License Application for the following: Players Bar and Grill, 1902 Central Avenue INTRODUCTION The purpose of this memorandum is to recommend the continuation of the current six- month liquor license for Players Bar and Grill by noting the new liquor license application is timely filed with the City Clerk's office. The purpose would be to continue to meet with owners of Player's Bar and Grill for the purpose of reducing the number of disturbances and arrests. BACKGROUND On August 20th, 2007, the City Council approved asix-month liquor license for Players Bar and Grill, 1902 Central Avenue. The six-month license replaced an annual license due to ongoing concerns. From April 5, 2006 to May 7, 2007 Players experienced 204 calls for service, averaging 14.5 calls for service per month. Of the initial 204 calls for service, with particular attention to high impact calls (calls requiring more than one officer) Players experienced 74 disturbances, 15 Crimes against Persons, 11 Crimes against Property, and seven Public Moral violations. Disturbances, Crimes against Persons, Crimes against Property, and Public Morals are defined by the following description. Disturbances Includes physical fighting, verbal arguments, loud music and/or subjects and all other disorder) behavior not alread listed Crimes A ainst Persons Includes Assault and Harassment Crimes A ainst Pro ert Includes Bur lac ,Criminal Mischief and Theft Public Morals Includes Public Intoxication and Possession of Controlled Substances DISCUSSION In response to the concerns, the police department has been meeting regularly with owners, Dave and Rhonda Lorenz, to discuss and implement a number of strategies to combat the high impact of calls for service. Those strategies have included: • Regular meetings with the Police Department. • The sending of NO TRESPASS letters to subjects involved in any disturbances, to prevent them from returning. • Limit the number of people in the bar from the current occupancy limit of 135 to 80-90 persons. • Implementation of a cover charge on Thursday nights starting at midnight, as Players reported a large influx of unruly subjects during this period. • An attempt to upgrade the video surveillance equipment in the bar in an attempt to identify offenders. During the meetings with Players other initiatives have been discussed and implemented to include: • Maintain bouncers Thursday, Friday and Saturday nights. • Check identification on all subjects who enter the business. • Provide T.I.P.S. training to all bar staff. Of these strategies, only the upgrade of the video surveillance has not been implemented due to cost and not all employees have been T.I.P.S. trained. In reviewing the six-month renewal period (August 14, 2007 to January 27, 2008), we find there have been 56 calls for service. Of those, 26 were reported as disturbances, two crimes against persons, two crime against property, and 10 public moral violations. Of the 26 disturbances, 15 were founded with seven called to the attention of the police by bar staff. Thirty-four persons were charged with 61 individual violations (35 alcohol related violations, 11 disorderly conducts, six Interference with Official Acts, five drug related violations, a burglary, trespass, assault, and an indecent exposure). No alcohol violations were found against the business. A summary of the four key areas of disturbances, crimes against persons, crimes against property, and public moral violations contain the following: DPD Case # T e of Incident/Circumstances Dis osition Disturbance -Subjects refusing to leave escorted out Report Filed 07-36095 b bar staff. Subjects fled from olice. Disturbance -Disturbance in front of bar. Public Intoxication 07-36101 Disturbance -Subject refusing to leave physically Public Intoxication Arrest 07-36228 removed b bar staff and atrons. Disturbance -Large physical fight in the bar which Public Intoxication (2), 07-36249 spilled out into the street. Disorderly Conduct (2), Interference W/Official Acts Disturbance -Subject causing a disturbance in the bar Public Intoxication 07-37047 refusing to leave after being told to do so by staff. Disorderly Conduct Subject resisted arrest and was found to be in Interference W/Official Acts possession of marijuana. Possession Of A Controlled Substance 07-38607 Disturbance -Disturbance outside of bar. Public Intoxication 07-38635 Disturbance -Unknown circumstances Handled B Officer 07-39613 Disturbance - Subjects ushin outside the bar. Public Intoxication 2 Public Morals -Subject was arrested for OWI in front Operating While Intoxicated 07-39639 of Pla ers after leavin the bar. Public Morals -Intoxicated subject arrested in parking Public Intoxication 07-40952 lot after he was observed tr in to et into his vehicle. 07-42220 Disturbance -Verbal disturbance in arkin lot. Handled B Officer 07-42450 Theft -Theft of hone Mail Out Disturbance -Patrons ejected from the bar fighting Public Intoxication (3) 07-43395 outside. Unlawful Possession of Medication 07-43411 Disturbance - Sub'ects ar uin when leavin the bar. Handled B Dis atcher 07-43420 Public Morals -Two intoxicated subjects arrested in Public Intoxication (2) arkin lot. 07-44222 Public Morals -Subject urinating outside the bar ran in Public Intoxication the bar and was arrested. Indecent Ex osure 07-44590 Public Morals -Subject arrested for warrant in bar Possession Of A Controlled found to be in ossession of mari'uana. Substance 07-44600 Public Morals -Subject observed in bar earlier in the Public Intoxication ni ht arrested for Public Intoxication at bar closin time. 07-45317 Disturbance -Verbal disturbance inside bar. Public Intoxication One Under 21 After 9 P.M. 07-45496 Disturbance -Unknown circumstances Re ort Filed 07-46720 Public Morals -Tavern inspection with Department of Four Public Intoxication, Corrections. Harassment Of Public Official 07-46888 Disturbance -Disturbance on 19 St. side of bar. Handled B Officer Assault -Subject assaulted in bar causing injury Offense Report 07-47956 Prosecution declined b Count Attorne Disturbance -Physical fight in bar that spilled out front Public Intoxication 07-47967 door. Disorderl Conduct Public Morals -Intoxicated underage subject found in Public Intoxication 07-47968 bar. Under 21 After 9 P.M. Assault -Subject assaulted inside the bar causing Public Intoxication 07-48951 injury. Disorderly Conduct, Assault Causin In'ur . Disturbance -Disturbance in bar. Public Intoxication 07-49120 Disorderly Conduct Interference W/Official Acts. 07-50199 Disturbance -Unknown circumstances Incident Re ort Disturbance -Verbal disturbance inside the bar. Incident Report 07-52991 07-55260 Disturbance -Unknown circumstances Handled B Officer 07-57140 Disturbance -Unfounded Handled B Officer 07-57143 Disturbance -Possible Disturbance in arkin lot. Handled B Officer Disturbance -Bar staff trying to remove patron. Public Intoxication 07-57766 Disorderly Conduct Trespass Interference With Official Acts. 07-57772 Disturbance -Disturbance reported by the bar staff. Public Intoxication Disorderl Conduct 08-019 Disturbance -Unknown circumstances Handled B Officer 08-647 Disturbance -Disturbance outside bar. Disorderl Conduct Public Morals -Intoxicated subject arrested in bar Public Intoxication 08-1512 found to be in ossession of mari'uana. Possession Of Mari'uana Disturbance- One underage subject arrested after Disorderly Conduct, 08-3535 exitin the bar causin a disturbance. Under 21 in Bar After 9 .m. Crime Against Property- Subject was observed Burglary 3 08-3820 entering an unoccupied vehicle in the parking lot and Unlawful Possession of stealing a car stereo. Subject also found to be in Medication possession of prescription medications without a rescri tion. Public Morals- Officers conducting a tavern inspection Public Intoxication 08-4768 located one intoxicated underage subject in the bar Under 21 in Bar After 9 p.m. after 9 m. Alcohol Under Le al A e Although we have seen a reduction in the calls for service based upon the previous 12 month period, concern still remains. We believe the owners are committed to an active role in the reduction of the high impact calls for service as shown through their willingness to implement and maintain the listed reduction strategies. In response to further reducing the high impact calls and the continuation of a positive working relationship with the owners, we recommend city council consideration to regard the current license application as timely filed allowing the current license to continue past the expiration date of March 5, 2008. This allows additional review time to reduce the number of high impact calls for service through the implementation of current and further remedies. Once a consistent reduction is seen, a recommendation for an annual liquor license could occur. In consideration of this recommendation, contact was made with Judy Seib, Special Projects Coordinator with the Iowa Alcohol Beverages Division, and City Attorney Barry Lindahl and both concur this approach would meet the necessary requirements and allow the business to continue to operate as the review period continues. RECOMMENDATION We recommend City Council consideration to regard Players Bar and Grill liquor license application as timely filed allowing the current license to continue past the expiration date of March 5, 2008. Allowing fora 60-day review period, the next formal review to show a consistent reduction in high impact calls occurs May 5, 2008. ACTION REQUESTED Action requested is for City Council consideration to regard Players Bar and Grill liquor license application as timely filed allowing the current license to continue past the expiration date of March 5, 2008. Allowing fora 60-day review period, the next formal review to show a consistent reduction in high impact calls occurs May 5, 2008. Cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk TI-iE CITY OF ' J.. I~-LJB UE Masterpiece on the Mississippi DATE: February 13, 2008 MEMORANDUM TO: Michael C. Van Milligen City Manager FROM: Kim Wadding Police Chief RE: Players, Letter from attorney, Todd Klapataukskas Attached is a letter regarding Players from Todd Klapataukskas who is representing Dave and Rhonda Lorenz. The letter outlines a meeting we had with Todd Klapataukaskas, his associate, Natalia Blaskovich and Rhonda Lorenz January 29, 2008 and the corrective steps Players agreed to and implemented to reduce the high impact calls. I clarified with Todd Klapataukskas that a recommendation for a twelve month license would not occur until an additional review of the calls for service would be completed in 60 days showing a positive outcome. Todd was told my current recommendation is for City Council consideration to regard the Player's liquor license application as timely filed, allowing Players to continue to operate under its current liquor license. Todd said he would be contacting Dave and Rhonda Lorenz telling him of the recommendation. LAW OFFICES OF REYNOLDS & KENLINE, L.L.P. WILLIAM J. MAIERS CHADWYN D. COX* MARK J. SULLNAN JOHN T. NEMMERS TODD N. KLAPATAUSKAS** KIM C. RODDICK** NICHOLAS J. KLENSKE** NATALIA H. BLASKOVICH 'ALSO LICENSED IN MINNESOTA ''ALSO LICENSED IN ILLINOIS February 13, 2008 Kim Wadding Police Chief Dubuque Police Department 770 Iowa Street Dubuque, Iowa 52001 RE: Player's Bar and Grill Dear Chief Wadding: 909 MAIN STREET SUITE 222 FISCHER BUILDING P.O. BOX 239 DUBUQUE, IOWA 52004-0239 TELEPHONE: (563) 556-8000 FAX: (563) 556-8009 E-Mail: office~rkenline.com We represent David and Rhonda Lorenz, owners of Players Bar and Grill. Following our meeting with you on Tuesday January 29`'' we want to confirm our discussions regarding the Lorenz's application for atwelve-month liquor license to the City Council. As you confirmed at the meeting, for the last nine months, Mr. and Mrs. Lorenz have been very cooperative with the Dubuque Police Department. They have worked to maintain a safe environment in their establishment and in the community: • They met with you and members of your department to discuss ideas to reduce patrons' criminal activity identified by your department. • They installed additional lighting to their establishment. • They maintained nightly bouncers. • They added additional help on their busy nights from Thursday through Saturday. • They have limited crowd capacities below the fire marshall's approved capacity of 135 patrons when necessary. LAW OFFICES OF REYNOLDS & KENLINE, L.L.P. They check every single patron's identification to make sure each person is of legal age prior to entering the building. David, Rhonda and their son Cory have attended the TIPS training and will encourage the rest of their family members who work at the bar and additional staff to attend the training. Our clients intend to continue to comply with these practices and will especially continue to diligently comply with state and local laws. As you know, David and Rhonda Lorenz have not had a citation for serving alcohol to minors within the last year, have never had a dram shop claim, nor any complaint made to their insurer and have always cooperated with law enforcement. As we mentioned during the meeting, we have significant concerns that imposing a dress code, censoring the type of music played at the bar and imposing a cover charge would be interpreted as being discriminatory. Attached are the two articles we brought to the last meeting addressing concerns lawmakers have raised over similar policies used by Des Moines area bars. A bill is currently working its way through the legislature that would prosecute businesses that bar prospective patrons based on their attire. We were happy to hear that you plan on recommending that the Council grant David and Rhonda's application for atwelve-month license this month. As you know, they have worked very hard to maintain a peaceful environment within their family-run business. They will continue to diligently follow their legal obligations. They will continue to be open to suggestions on how to make things run as smoothly as possible. They will work towards keeping a strong relationship between their business, your department and the community. We thank you for your cooperation in this matter and look forward to working with your department in the future. Sincerely, Todd Klapatatts~cas n !1 ~ ) i Natalia Blaskovich