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Alcohol Compliance Civil Penalty_Red Robin America's Gourmet Burgers Copyrighted June 19, 2017 City of Dubuque Consent Items # 22. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder- Red Robin America's Gourmet Burgers & Spirits SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Red Robin America's Gourmet Burgers & Spirits, 2775 NW Arterial. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Red Robin Alcohol Compliance Settlement Agreement- City Manager Memo 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: Alcohol Compliance Settlement Agreement— Red Robin America's Gourmet Burgers & Spirits DATE: June 12, 2017 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Red Robin America's Gourmet Burgers & Spirits, 2775 Northwest Arterial. I concur with the recommendation and respectfully request Mayor and City Council approval. 1P�' 1 I !�s!Y iAf(JA 4 f RSI Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Mark Dalsing, Chief of Police THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi June 9, 2017 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement — Red Robin America's Gourmet Burgers & Spirits INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Red Robin America's Gourmet Burgers & Spirits. BACKGROUND Red Robin America's Gourmet Burgers & Spirits has a liquor license for its establishment at 2775 NW Arterial in the City of Dubuque. On April 25, 2017, the Dubuque Police Department did an alcohol compliance check at Red Robin America's Gourmet Burgers & Spirits 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. Red Robin America's Gourmet Burgers & Spirits 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. Red Robin America's Gourmet Burgers & Spirits 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 — 1st Violation RE: Red Robin America's Gourmet Burgers & Spirits 2775 NW Arterial Dubuque, IA 52002 Red Robin International, Inc. • 6312 S Fiddler's Green Circle Greenwood Village, CO 80111 I, mi cA4 f _ L, L 4-1.J . on behalf of Red Robin America's Gourmet Burgers & Spirits, hereby knowingly and voluntarily acknowledge that: a) Red Robin America's Gourmet Burgers & Spirits received the notice regarding the above referenced case. b) Red Robin America's Gourmet Burgers & Spirits admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Red Robin America's Gourmet Burgers & Spirits waives a hearing and submits to the statutory penalties prescribed by law. d) Red Robin America's Gourmet Burgers & Spirits 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. Red Robin America's Gourmet Burgers & Spirits has a liquor license for 2775 NW Arterial. Violation of the liquor license occurred as follows: Violation Date April 25, 2017 Violation Type Violation Number Alcohol Violation 1st Violation Under the foregoing City of Dubuque Code of Ordinances provisions, Red Robin America's Gourmet Burgers & Spirits is subject to the following: OR A five hundred dollar ($500.00) fine 2) A fourteen (14) day suspension of the liquor license. In accordance with City of Dubuque Code of Ordinances §4-2B-16, Red Robin America's Gourmet Burgers & Spirits chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Red Robin America's Gourmet Burgers & Spirits 4,4,a0/17 -A Signature Sign rn1 G (E K. °1 LAI\1 Name — Please Print r(\(! 30, 21 I7 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 individuals) 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 Red Robin America's Gourmet Burgers & Spirits to the City of Dubuque — Police Department. PASSED AND APPROVED thi day of , 20/fr. Roy D. Buol,ayor Attest: Kevi Frrnstahl, c ity Clerk