Alcohol Compliance Civil Penalty_Chipoltle Mexican Grill Copyrighted
June 5, 2017
City of Dubuque Consent Items # 33.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Chipotle Mexican Grill
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Chipotle Mexican Grill, 2450
Dodge Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Chipotle Alcohol Compliance Agreement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
THE CITY OF Dubuque
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Masterpiece 012 the Mississippi 2007.2012«2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement— Chipotle Mexican Grill
DATE: May 19, 2017
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Chipotle Mexican Grill, 3450 Dodge Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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 16, 2017
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Chipotle Mexican Grill
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Chipotle Mexican Grill.
BACKGROUND
Chipotle Mexican Grill has a liquor license for its establishment at 3450 Dodge Street,
Suite 101 in the City of Dubuque. On March 8, 2017, the Dubuque Police Department
did an alcohol compliance check at Chipotle Mexican Grill 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. Chipotle Mexican Grill 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. Chipotle Mexican Grill 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 — 15t Violation
RE: Chipotle Mexican Grill Chipotle Mexican Grill of Colorado
3450 Dodge Street, Suite 101 1401 Wynkoop Street
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Dubuque, IA 52003 Denver, CO 80202
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I, 1'd VtW on behalf of Chipotle Mexican Grill, hereby knowingly
and voluntarily acknowledge that:
a) Chipotle Mexican Grill received the notice regarding the above referenced
case.
b) Chipotle Mexican Grill admits that the facts and allegations contained in
the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Chipotle Mexican Grill waives a hearing and submits to the statutory
penalties prescribed by law.
d) Chipotle Mexican Grill 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 §4-213-16.
Chipotle Mexican Grill has a liquor license for 3450 Dodge Street, Suite 101. Violation of
the liquor license occurred as follows:
Violation Date Violation Type Violation Number
March 8, 2017 Alcohol Violation 1 st Violation
Under the foregoing City of Dubuque Code of Ordinances provisions, Chipotle Mexican
Grill 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 §4-213-16, Chipotle Mexican
Grill chooses one of the following penalties:
X Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Chipotle Mexican Grill
Signature Signature
Ma%VA a4ANA a() } LLQ
Name — Please Print
Name — Please Print
516 fl
Date
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 Chipotle Mexican Grill to the
City of Dubuque — Police Department.
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PASSED AND APPROVED this day of .r' , 20J
t
Roy D. Byq'rl, Mayor
Attest:
Kevinirnstahl, City Clerk