Alcohol Compliance Civil Penalty_Murph's Tap Copyrighted
June 5, 2017
City of Dubuque Consent Items # 35.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder for Murph's Tap
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Murph's Tap, 55 Locust Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Murph's Tap Alcohol Compliance Agreement-MVM City Manager Memo
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— Murph's Tap
DATE: May 19, 2017
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Murphy's Tap, 55 Locust 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
Teri Goodmann, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
May 25, 2017
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement — Murph's Tap
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Murph's Tap.
BACKGROUND
Murph's Tap has a liquor license for its establishment at 55 Locust Street in the City of
Dubuque. On October 13, 2015 and March 22, 2017 the Dubuque Police Department
did an alcohol compliance check at Murph'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. Murph's Tap has chosen to pay a $1 ,500 fine
for a second violation. They will also be serving a thirty (30) day suspension of their
liquor license. The suspension dates and payment information is detailed in the
attached settlement agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Murph'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
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance — 2nd Violation
RE: Murph's Tap Murph's Tap Inc.
55 Locust Street 460 Nevada Street
Dubuque, IA 52001 Dubuque, IA 52001
on behalf of Murph's Tap, hereby knowingly and
voluntarily acknowledge that:
a) Murph's Tap received the notice regarding the above referenced case.
b) Murph'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) Murph's Tap waives a hearing and submits to the statutory penalties
prescribed by law.
d) Murph's Tap understands that this penalty will count as an official "Second
Violation —Alcohol Compliance" of City of Dubuque Code of Ordinances §4-2A-3,
pursuant to City of Dubuque Code of Ordinances §4-2B-16.
Murph's Tap has a liquor license for 55 Locust Street. Violations of the liquor license
occurred as follows:
Violation Date Violation Type Violation Number
October 13, 2015 Alcohol Violation 1 st Violation
March 22, 2017 Alcohol Violation 2nd Violation
At this time, Murph's Tap has one (1) alcohol violation pending. Under the foregoing
City of Dubuque Code of Ordinances provisions, Murph's Tap is subject to a civil
penalty and a suspension of the liquor license.
In accordance with City of Dubuque Code of Ordinances §4-213-16, Murph's Tap
accepts the penalties for a Second Violation — Alcohol Compliance and chooses the
following option:
Please choose one 1 of the following options:
Option #1
✓ One thousand five hundred dollar ($1,500) fine
✓
Thirty 30 day suspension of the license
❑ Option #2
✓ Five thousand dollar ($5,000) fine
✓ Fourteen (14) day suspension of the license
(Thirty (30) day suspension with sixteen (16) days suspended)
✓ No further violations for a twelve 12 consecutive month probationary period*
❑ Option #3
✓ Seven thousand five hundred dollar ($7,500) fine
✓ Seven (7) day suspension of the license
(Thirty (30) day suspension with twenty three (23) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Two (2) of the following (please choose two):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty-one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
❑ Option#4
✓ Fifteen thousand dollar ($15,000) fine
✓ Zero (0) day suspension of the license
(Thirty (30) day suspension with thirty (30) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Three (3) of the following (please choose three):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive the training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty-one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
*If there is a violation within the probationary period, the days which were suspended must be served.
Initials: Date: j5 /
The suspension of the liquor license must be served as follows:
Sunday, May 28, 2017 and Monday, May 29, 2017 2 Days
Sunday, June 4, 2017 and Monday, June 5, 2017 2 Days
Sunday, June 11, 2017 and Monday, June 12, 2017 2 Days
Sunday, June 18, 2017 and Monday, June 19, 2017 2 Days
Sunday, June 25, 2017 and Monday, June 26,2017 2 Days
Sunday, July 2, 2017 and Monday, July 3, 2017 2 Days
Sunday, July 9, 2017 and Monday, July 10, 2017 2 Days
Sunday, July 16, 2017 and Monday, July 17, 2017 2 Days
Monday, July 24, 2017 through and including Sunday, August 6, 2017 14 Days
Total: 30 Days
Murph's Tap
Signature
9Y\ 0\J p 5
Name — Please Print
D ,916 /i
Dat
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 be remitted by Murph's Tap on or before May 25, 2017 and
suspension of the liquor license be served as outlined.
PASSED AND APPROVED this lay of
Attest:
KevinrFirnstahl, City Clerk
.L17
Roy D. Bugl Mayor