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Alcohol Compliance Civil Penalty for Fat Tuesday's Copyrighted July 5, 2017 City of Dubuque Consent Items # 32. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Fat Tuesday's SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Fat Tuesday's, 1121 University Avenue. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Fat Tuesday's Alcohol Compliance Settlement-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: Alcohol Compliance Settlement — Fat Tuesday's DATE: June 25, 2017 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Fat Tuesday's, 1121 University Avenue. 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 June 28, 2017 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement — Fat Tuesday's INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Fat Tuesday's. BACKGROUND Fat Tuesday's has a liquor license for its establishment at 1121 University Avenue in the City of Dubuque. On May 9, 2015 and April 25, 2017, the Dubuque Police Department did alcohol compliance checks at Fat Tuesday's and employees 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. Fat Tuesday's has agreed to pay a $7,500 fine for a second violation. They will also be serving a thirty (30) day suspension of their liquor license, with twenty-three (23) days suspended provided there are no other violations for twelve (12) consecutive months. The suspension dates are detailed in the attached settlement agreement. CONCLUSION & RECOMMENDATION In accordance with Council directive, City staff has developed a penalty schedule for violators. Fat Tuesday's 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: Fat Tuesday's 1121 University Avenue Dubuque, IA 52001 • Ibrico, Inc. 1121 University Avenue • Dubuque, IA 52001 1, 0L- 4, 11/4,..), \ 4Lon behalf of Fat Tuesday's, hereby knowingly and voluntarily acknowledge that: a) Fat Tuesday's received the notice regarding the above referenced case. b) Fat Tuesday's admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Fat Tuesday's waives a hearing and submits to the statutory penalties prescribed by law. d) Fat Tuesday's 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. Fat Tuesday's has a liquor license for 1121 University Avenue. Violations of the liquor license occurred as follows: Violation Date May 9, 2015 April 25, 2017 Violation Tvee Alcohol Violation Alcohol Violation Violation Number 1st Violation 2nd Violation At this time, Fat Tuesday's has one (1) alcohol violation pending. Under the foregoing City of Dubuque Code of Ordinances provisions, Fat Tuesday's is subject to a civil penalty and a suspension of the liquor license. In accordance with City of Dubuque Code of Ordinances §4-2B-16, Fat Tuesday's 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: K A Date: cc(5 11 The suspension of the liquor license must be served as follows: Friday, June 30, 2017 through and including Tuesday, July 4, 2017 5 days Sunday, September 3, 2017 through and including Monday, September 4, 2017 2 days Total: 7 days Fat Tuesday's Signature Name — Please Print 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 be remitted by Fat Tuesday's on or before September 29, 2017 and suspension of the liquor license be served as outlined. PASSED AND APPROVED this day of., , 20 / teli Roy D. Bu? (Mayor Att.st• Ke n �irr stahl, Cititlerk