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