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Alcohol Compliance Civil Penalty for the Smokestack Copyrighted July 5, 2017 City of Dubuque Consent Items # 34. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— The Smokestack SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for the Smokestack, 62 E. 7th Street. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Smokestack 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: Alcohol Compliance Settlement Agreement— The Smokestack DATE: June 28, 2017 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with The Smokestack, 62 East 7t" 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 June 27, 2017 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement — The Smokestack INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and The Smokestack BACKGROUND The Smokestack has a liquor license for its establishment at 62 East 7t" Street in the City of Dubuque. On April 21 , 2017, the Dubuque Police Department did an alcohol compliance check at The Smokestack 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. The Smokestack has chosen to serve a fourteen (14) day suspension of their liquor license. The suspension dates are detailed in the attached settlement agreement. CONCLUSION & RECOMMENDATION 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: The Smokestack 62 East 7th Street Dubuque, IA 52001 Susan Price voluntarily acknowledge that: Smokestack Industries, LLC 62 East 7th Street Dubuque, IA 52001 , on behalf of The Smokestack, hereby knowingly and a) The Smokestack received the notice regarding the above referenced case. b) The Smokestack admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) The Smokestack waives a hearing and submits to the statutory penalties prescribed by law. d) The Smokestack understands that this penalty 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. The Smokestack has a liquor license for 62 East 7th Street. Violation of the liquor license occurred as follows: Violation Date April 21, 2017 Violation Type Violation Number Alcohol Violation 1st Violation Under the foregoing City of Dubuque Code of Ordinances provisions, The Smokestack is subject to the following: 1) A five hundred dollar ($500.00) fine OR 2) A fourteen (14) day suspension of the liquor license. In accordance with City of Dubuque Code of Ordinances §4-2B-16, The Smokestack chooses the following penalty: ❑ Five hundred dollar ($500.00) fine Fourteen (14) day liquor license suspension The suspension of the liquor license must be served as follows: • Monday, July 3, 2017 through and including Tuesday, July 4 2 Days • Sunday, July 16, 2017 through and including Monday, July 24, 2017 9 Days • Sunday, July 30, 2017 through and including Tuesday, August 1, 2017 3 Days Total: 14 Days The Smokestack Signature Signature Susan Price, Member -Manager, Smokestack Industries, LLC Name — Please Print Name — Please Print June 20, 2017 Date 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 suspension of the liquor license be served as outlined. PASSED AND APPROVED this day of ,',1 , 20/. . Roy D. Buol,)ilayor Attest: KeviWFirhstahl, Cify Clerk DUBUQUE POLICE DEPARTMENT LICENSED ESTABLISHMENT INSPECTION PAGE 1 OF CASE NO. DATE OF INSPECTION TIME OF INSPECTION 2ot2'Tk y O Z t 22 p ESTABLISHMENT-BUSINESS NAME INE NUMB 7_ ESTABLISHMENT-BUSINESS ADDRESS (Inspection Location) ?r?4 57. LICENSEE-OWNER PHONE NUMBER SMo/cESTirc .� r�J�STfc1Ej LLc' LICENSEE-OWNER ADDRESS !o E 77-c1 Sf LICENSES ❑BEER NUMBER UPDATE LIQUOR IQUOR/BEER .-� Gc Dw TOBACCO 3G ❑ NUMBER EXP DATE OTHER ❑ NUMBER EXP DATE SPECIFY PURPOSE FOR INSPECTION EMPLOYEE INFORMATION ROUTINE-ANNUAL FIRE CODE INFORMATION BARTENDER NAME DISTURBANCE ❑ YES NO ❑ CLERK EqH 14A/2-7r REPT of UNDERAGE ❑ EXIT SIGNS VISIBLE `� ADDRESS C t DOB REPTof ORUGS F❑ EXITS OBSTRUCTED ❑ t)0 5%EZG't(Z— FR'S LC oS/2Y/ ALCOHOL COMPLIANCE lyl WITHIN OCCUPANCY LOAD I✓I ❑ ❑ BARTENDER NAME TOBACCO COMPLIANCE ALJ} 2"< 11 CLERK SMOKE FREE AIR ACT ❑ SMOKE FREE AIR ACT INFO ADDRESS DOB FULL INSPECTION ❑ 'NOSMOKINGSIGNSVISIBUg5 ❑ ASSIST OTHER AGENCY ❑ ASHTRAYS PRESENT ❑ GGA PRESENT MANAGER/OWNER NAME OTHER(Specify In Narr) ❑ PERSONS SMOKING NOTIFIED PERSONS /^PERSONS ARRESTED CHARGED (Additional on Reverse) ARRESTEE NAME DOB CHARGE(S) Legrt N174,e/F SwlFi o� Z�`�` SGzcf}ccoyia� {t /�J.Ne2 ARRESTEE NAME DOB CHARGE(S) ARRESTEE NAME DOB CHARGE(S) VIOLATIONS OBSERVED or CHARGED, INCLUDING MUNICIPLE INFRACTIONS(Check All That Apply-Details in Narritive) INDIVIDUALS BUSINESS ❑ PUBLIC INTOXICATION-IA 123.48 ❑ SERVING INTOXICATED PERSON-IA 123.49(1) PERSONS UNDER 211N BAR AFTER 2100 HRS(1B-20 YRS OLD) -DBC 5.7.2A EMPLOYEE PROVIDING ALCOHOL TO UNDERAGE PERSON-IA 123.49(2H)(A) ❑ PERSONS UNDER 21 W BAR AFTER 2100 HRS(UNDER 1B) -DEC 5-7.2A ❑ OWNER PROVIDING ALCOHOL TO UNDERAGE PERSON-IA 123.49(211)(8) POSSESSION ALCOHOL UNDERAGE-IA 123.47 ❑ PROVIDING TOBACCO TO UNDERAGE PERSON 1ST OFFENSE-IA 453.42 , ❑ MISREPRESENTATION OF AGE TO PURCHASE ALCOHOL-IA 123.49(3) ❑ PROVIDING TOBACCO TO UNDERAGE PERSON 2ND OFFENSE-IA 453A.2(A) ❑ UNLAWFUL USE OF OL OR ID TO PURCHASE ALCOHOL-IA 321.2168 ❑ PROVIDING TOBACCO TO UNDERAGE PERSON 3RD OFFENSE-IA 453A.2(B) ❑ UNLAWFUL USE OF OLOR 10 TO PURCHASE TOBACCO -IA 321.216C ❑ LIQUOR IN CONTAINER OTHER THAN ORIGINAL.IA 123.49(2)0 - ❑ DISORDERLYCONDUCT-IA 723.4 ❑ PUBLIC INTOXICATION-IA 123.55 ❑ SMOKING IN PROHIBITED AREA-IA 1420.9 ❑ DISORDERLY CONDUCT-IA 723.4 POSSESSION TOBACCO UNDERAGE-FIRST OFFENSE-IA 453A2(A) ❑ INTERFERENCE WITH OFFICIAL ACTS-W 719.1 ❑ POSSESSION TOBACCO UNDERAGE-SECOND OFFENSE -IA 453A.2(C) ❑ PERMITTING PERSON UNDER 211N BAR AFTER 2100 HRS-DBQ 5-7.2C ❑ POSSESSION TOBACCO UNDERAGE-THIRD OFFENSE- IA 453A.2(D) ❑ VIOLATION OF BUFFET DRINKING ORDINANCE-DBQ 5-9 ❑ INTERFERENCE WITH OFFICIAL ACTS-IA 719.0 ❑ VIOLATION OF SMOKE FREE AIR ACT-IA 142D.9 ❑ OTHER(SPECIFY) ❑ OTHER(SPECIFY) REPORTING OFFICER(S) BADGE(S) DATE REP7 / /7 TF O SUPERVISOR BADGE �, (J?l crit 2/ /7 POLICE CHIEF REVIEW DATE LICENSE RENEWAL RECOMMENDATION DETAILS IN YES ❑ NO NARRATIVE DUBUQUE POLICE DEPARTMENT LICENSED ESTABLISHMENT INSPECTION PAGE 2 OF Z ARRESTEE NAME DOB CHARGE(S) ARRESTEE NAME DOB CHARGE(S) ARRESTEE NAME DOB CHARGE(S) ARRESTEE NAME DOB CHARGE(S) ARRESTEE NAME DOB CHARGE(S) E /5C-j;J2 _ �' + i WIiEh-,> AS/CC'� SLtJiF�- S//� S/Z c� 1 '(Qo� �!� C /�C ✓...�IS � o1C iJc)T 7"1-1E"— NG c��til JAS LWi %�/ESSC I� f�(Cc1ZS �2t�r t1 ,A ti Ixrz-f REPORTING OFFICER(S) BADGE(S) DATE REPO FILED CONTINUED ON SR