Alcohol Compliance Civil Penalty for Noonan's Tap Copyrighted
March 20, 2017
City of Dubuque Consent Items # 20.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Noonan's Tap
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Noonan's Tap, 1618 Central
Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Noonan's Tap Alcohol Compliance Agreement-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement— Noonan's Tap
DATE: March 7, 2017
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Noonan's Tap.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
March 3, 2017
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Noonan's Tap
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Noonan's Tap.
BACKGROUND
Noonan's Tap has a liquor license for its establishment at 1618 Central Avenue in the
City of Dubuque. On December 20, 2016, the Dubuque Police Department did an
alcohol compliance check at Noonan's Tap and an employee sold alcohol to underage
youth compliance monitors.
City Council has directed that staff work with license and permit holders to serve
suspensions & penalties in a flexible way. Noonan's Tap has chosen a five hundred
dollar ($500.00)fine and has submitted their signed agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Noonan's Tap was provided the schedule and selected their choice of
penalty. The City Legal Department and the Police Department have reviewed the
agreement and concur with the requirements.
ACTION REQUESTED
City Manager review, City Council approval, and Mayor Buol signature of the attached
AcknowledgmentlSettlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance — 1st Violation
RE: Noonan's Tap
1618 Central Avenue
Dubuque, IA 52001
Mary Lou Kamp
1618 Central Avenue
Dubuque, IA 52001
I, P\ 7 , on behalf of Noonan's Tap, hereby knowingly and
voluntarily acknowledge that:
a) Noonan's Tap received the notice regarding the above referenced case.
b) Noonan's Tap admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Noonan's Tap waives a hearing and submits to the statutory penalties
prescribed by law.
d) Noonan's Tap understands that this violation will count as an official "First
Violation — Alcohol Compliance" of City of Dubuque Code of Ordinances §4-2A-3,
pursuant to City of Dubuque Code of Ordinances §4-2B-16.
Noonan's Tap has a liquor license for 1618 Central Avenue. Violation of the liquor
license occurred as follows:
Violation Date
December 20, 2016
Violation Type Violation Number
Alcohol Violation 1st Violation
Under the foregoing City of Dubuque Code of Ordinances provisions, Noonan's Tap is
subject to the following:
1) A five hundred dollar ($500.00) fine
OR
2) A fourteen (14) day suspension of the liquor license.
In accordance with City of Dubuque Code of Ordinances §4-2B-16, Noonan's Tap
chooses one of the following penalties:
d Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Noonan's Tap
I 17
Date
Signature
Name — Please Print
Date
NOTE: This must be signed by an individual alcohol licensee, or in the case of another business entity, by
individual(s) who have authority to bind the entity.
THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Noonan's Tap to the City of
Dubuque — Police Department.
PASSED AND APPROVED thiSe day o
Attest:
Kevin r/nsfahl, City Clerk
,2O/.
0 Li
Roy D. Buo ayor