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