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)
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LICENSEE-OWNER PHONE NUMBER
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LICENSEE-OWNER ADDRESS
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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)
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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
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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)
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REPORTING OFFICER(S) BADGE(S) DATE REPO FILED
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