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Alcohol Compliance Civil Penalty_Ichiban Hibachi Steakhouse & Sushi Bar Copyrighted June 5, 2017 City of Dubuque Consent Items # 34. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Ichiban Hibachi Steakhouse & Sushi Bar SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Ichiban Hibachi Steakhouse & Sushi Bar, 3187 University Avenue. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type chiban Hibachi Steakhouse Alcohol Compliance City Manager Memo Agreement-MVM Memo Staff Memo Staff Memo Agreement Copy Staff Memo THE CITY OF Dubuque fta B E I 11p y 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— Ichiban Hibachi Steakhouse & Sushi Bar DATE: May 19, 2017 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Ichiban Hibachi Steakhouse & Sushi Bar, 3187 University Avenue. I concur with the recommendation and respectfully request Mayor and City Council approval. V Gam, 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— Ichiban Hibachi Steakhouse & Sushi Bar INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Ichiban Hibachi Steakhouse & Sushi Bar. BACKGROUND Ichiban Hibachi Steakhouse & Sushi Bar has a liquor license for its establishment at 3187 University Avenue in the City of Dubuque. On April 11 , 2017 the Dubuque Police Department did an alcohol compliance check at Ichiban Hibachi Steakhouse & Sushi Bar 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. Ichiban Hibachi Steakhouse & Sushi Bar 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. Ichiban Hibachi Steakhouse & Sushi Bar 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: Ichiban Hibachi Steakhouse Ichiban Hibachi Steakhouse & Sushi Bar 3187 University Avenue 3187 University Avenue Dubuque, IA 52001 Dubuque, IA 52001 on behalf of Ichiban Hibachi Steakhouse & Sushi Bar, hereby knowingly and voluntarily acknowledge that: a) Ichiban Hibachi Steakhouse & Sushi Bar received the notice regarding the above referenced case. b) Ichiban Hibachi Steakhouse & Sushi Bar admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Ichiban Hibachi Steakhouse & Sushi Bar waives a hearing and submits to the statutory penalties prescribed by law. d) Ichiban Hibachi Steakhouse & Sushi Bar 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. Ichiban Hibachi Steakhouse & Sushi Bar has a liquor license for 3187 University Avenue. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number April 11, 2017 Alcohol Violation 1st Violation Under the foregoing City of Dubuque Code of Ordinances provisions, Ichiban Hibachi Steakhouse & Sushi Bar is subject to the following: 1) A five hundred dollar ($500.00)fine OR i 2) A fourteen (14) day suspension of the liquor license. i In accordance with City of Dubuque Code of Ordinances §4-2B-16, Ichiban Hibachi Steakhouse & Sushi Bar chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Ichiban Hibachi Steakhouse & Sushi Bar Signature , ,4 . (q _117 1� 1 7(I Name — Please Print dt1 11 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 Ichiban Hibachi Steakhouse & Sushi Bar to the City of Dubuque — Police Department. PASSED AND APPROVED thisday of , 20 Roy D. Bt�jl, Mayor Attest: Kevi Firnstahl, City Clerk