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Alcohol Compliance Civil Penalty_Hammerheads Bar & Billiards Copyrighted May 15, 2017 City of Dubuque Consent Items # 27. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Hammerheads Bar& Billiards SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Hammerheads Bar& Billiards, 2095 Kerper Blvd. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Hammerheads 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: Alcohol Compliance Settlement Agreement Hammerheads Bar & Billiards DATE: May 4, 2017 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Hammerheads Bar & Billiards, 2095 Kerper Boulevard. I concur with the recommendation and respectfully request Mayor and City Council approval. Zia/ Mic ael C. Van Milligen MCVM:jh 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 May 5, 2017 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement— Hammerheads Bar & Billiards INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Hammerheads Bar & Billiards. BACKGROUND Hammerheads Bar & Billiards has a liquor license for its establishment at 2095 Kerper Boulevard in the City of Dubuque. On January 20, 2017, the Dubuque Police Department did an alcohol compliance check at Hammerheads Bar & Billiards 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. Hammerheads Bar & Billiards 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. Hammerheads Bar & Billiards 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: Hammerheads Bar & Billiards 2095 Kerper Blvd Dubuque, IA 52001 Hammerheads Inc 2095 Kerper Blvd Dubuque, IA 52001 I, S AJb , on behalf of Hammerheads Bar & Billiards, hereby knowingly and voluntarily acknowledge that: a) Hammerheads Bar & Billiards received the notice regarding the above referenced case. b) Hammerheads Bar & Billiards admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Hammerheads Bar & Billiards waives a hearing and submits to the statutory penalties prescribed by law. d) Hammerheads Bar & Billiards 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. Hammerheads Bar & Billiards has a liquor license for 2095 Kerper Blvd. Violation of the liquor license occurred as follows: Violation Date January 20, 2017 Violation Type Violation Number Alcohol Violation 1St Violation Under the foregoing City of Dubuque Code of Ordinances provisions, Hammerheads Bar & Billiards 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, Hammerheads Bar & Billiards chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Hammerheads Bar & Billiards .--2/1N Signature Name — Please Print 5A/1/7 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 Hammerheads Bar & Billiards to the City of Dubuque — Police Department. PASSED AND APPROVED this' day of Attest: K in Firnstahl, City Clerk ,2O/ . Roy D. Buclj Mayor