Loading...
Bricktown Brewery Six Month Liquor License RenewalTHE CTTY OF Dubuque -~. DUB E AN-Ame~caCity Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Six-Month Liquor License Renewal -Bricktown Brewery, 299 Main Street DATE: January 27, 2009 On January 7, 2008, the City Council approved the annual renewal of Bricktown Brewery's liquor license. Prior to this approval, the City Council had approved asix- month liquor license for Bricktown Brewery due to a number of operational concerns involving the prior management group identified as Cooper Management, LLC. In an effort to resolve these concerns, a change of operational management occurred July 5, 2007, when Russ Boffeli of RB Restaurant Management & Consulting, LLC submitted a new liquor license application and assumed operational ownership of Bricktown under a six-month liquor license. During this latest request for liquor license renewal by the Bricktown Brewery, it was discovered Russ Boffeli sold his 100% interest in RB Management and Consulting, LLC to the investment group December 31St, 2007, in the amount of $10. Iowa Code and City Code require any change in the ownership or interest in the business operated under a liquor control license to be reported and approved by the local authority and the Iowa Alcohol and Beverage Division. A municipal infraction was issued to Bricktown Brewery for failure to make timely notification of an ownership change. From January 1, 2008, to December 2008, there were 43 calls for service. Of those, there were five disturbances, no crimes against persons, three crimes against property, and five public moral violations. Additionally, there were 36 individual violations and two business violations. Based upon shifting management and the incidents of underage persons remaining in the business after 9:00 p.m. and the sale of alcohol to an underage person, Chief of Police Kim Wadding recommends asix-month renewal of Bricktown Brewery's liquor license. The six-month renewal is conditional and dependant upon management stabilization and monthly meetings with Bricktown Management. I concur with the recommendation and respectfully request Mayor and City Council approval. W~ 1~-__ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kim Wadding, Chief of Police THE CITY OF DUB E Masterpiece nn Hre Mississippi MEMORANDUM DATE: January 9, 2009 TO: Michael C. Van Milligen City Manager FROM: Kim Wadding Police Chief RE: Six-Month Liquor License Renewal -Bricktown Brewery, 299 Main Street INTRODUCTION The purpose of this memorandum is to recommend asix-month renewal liquor license for Bricktown Brewery. BACKGROUND On January 7, 2008 the City Council approved the annual renewal of Bricktown Brewery's liquor license. Prior to this approval, the City Council had approved asix- month liquor license for Bricktown Brewery July 16, 2007 due to a number of operational concerns involving the prior management group identified as Cooper Management, LLC. In an effort to resolve these concerns a change of operational management occurred July 5, 2007 when Russ Boffeli of RB Restaurant Management & Consulting, LLC submitted a new liquor license application and assumed operational ownership of Bricktown under asix-month liquor license. As part of the new operational management, a number of initiatives were implemented consisting of the following: • The Bricktown investment group designated three of their members as an oversight group. This group meets weekly with the Bricktown management to review and modify operations to ensure ongoing compliance. • Allowing only patrons at least 21 years of age into the basement of Bricktown Brewery and Bricktown sponsored events in the banquet facility hall on the second floor. • Require an employee to check age verification at all entrances to the basement bar area and sponsored events at the banquet facility. If unavailable, these locations would not be allowed to open. • Scott Neuwoehner and Greg Prehm (Cooper Management, LLC) are no longer affiliated with this business or have offices in the facility. • Bricktown asked and agreed to the continuation of quarterly meetings with the Police Department to address any issues that arise during the license period. The following is a summary of activity. The key below provides a brief description of those calls for service displaying the four primary areas of concern. Disturbances Includes physical fighting, verbal arguments, loud music and/or subjects and alt other disorder) behavior not alread listed Crimes A ainst Persons Includes Assault and Harassment Crimes A ainst Pro ert Includes Bur lar ,Criminal Mischief and Theft Public Morals Includes Public Intoxication and Possession of Controlled Substances From July 19, 2007 to December 2007, there were 22 calls for service. Of these, there were five disturbances, two crimes against persons, no crimes against property, and three public moral violations. Since January 1, 2008 to December 2008 there were 43 calls for service. Of those, there were five disturbances, no crimes against persons, three crimes against property, and five public moral violations. Additionally there were 36 individual violations and two business violations. ©PA Case # T' pe of Cali/Circumsfances Y ~Disposftipn 08-2879 Theft -Theft of urse from the establishment Mail Out 08-5763 Public Morals -Underage subject located inside the bar. Underage In Bar After 9 P.M. 1 08-5941 Public Morals -Intoxicated subject observed entering Report Filed the bar but was not located inside. Several subjects observed leaving the bar quickly possibly due to them bein undera e. OS-8378 Public Morals -Police conducted a tavern inspection on Underage In a Bar the establishment. Police located and charged 11 After 9 P.M. (11), underage subjects inside the bar. The bar was issued a Public Intoxication (5), municipal infraction for allowing Underage Subjects in a Underage Possession Bar After 9 P.M. of Alcohol (6), Interference With Official Acts (1 ). M.I. Allowing Underage In a Bar After 9 P.M. 08-13723 Disturbance -Subject caused a disturbance inside the Report Filed bar and left riot to olice arrival. 08-17760 Theft -Theft of cell hone Offense Re ort OS-24483 Public Morals -Police Conducted a Tavern Inspection Public Intoxication (3) on the establishment along with the Department of Corrections and the Fire Marshall. Two subjects on probation were located in the bar and arrested for Public Intoxication. A third subject was observed leaving the bar and was also arrested for Public Intoxication. 08-29687 Disturbance -Physical fight outside the bar that Disorderly Conduct stemmed from a verbal ar ument inside the bar. 2 ,Public Intoxication 08-38650 Disturbance -Unknown circumstances Handled B Officer 08-42346 Public morals/tobacco and alcohol compliance check Underage Sale Of Alcohol 08-46594 Theft -Theft of money from employee's purse by patron Theft 4 ,Public Intoxication 08-49907 Disturbance -Unknown Black Water Grill Handled B Officer 08-59334 Tavern ins ection Incident Re ort 09-15 Disturbance/ ossible fi ht Public Intoxication 3 09-291 Tavern ins ection Incident Re ort During 2008, the police department continued to meet with Russ Boffeli to ensure the action steps implemented by Bricktown Brewery maintained a positive impact on calls for service. These meetings were held in February, March and September 2008. DISCUSSION In December 2008 the police department was notified a Bricktown Brewery liquor license renewal had been submitted showing a change of 100% ownership from Russ Boffeli, RB Management and Consulting, LLC to RB Management and Consulting, LLC now owned by an eight person investment group. The investment group was identified in the application as the following: Name Jane Geisler Address 2932 Brand ine Park, Dubu ue, IA Q~nershi. ~'/.o 12.50% Flo d Kunkel 679 Ma ille Drive, Hazel Green, WI 12.50% Tom Geisler 10880 Golden Oaks Court, Dubu ue, IA 12.50% James Miller 2985 Arbor Hills, Dubu ue, IA 12.50% Barb So a 2946 Arbor Hills, Dubu ue, IA 12.50% Rick Ackle 874 Barbara Lee Drive, Dubu ue, IA 12.50% Gerald Hau en 865 Kell Lane, Dubu ue, IA 12.50% Jim Klauer 2020 South Grandview, Dubu ue, IA 12.50% TOTAL OWNERSHIP 100% During the request for the liquor license renewal by the Bricktown Brewery, it was discovered Russ Boffeli sold his 100% interest in RB Management and Consulting LLC to the investment group December 31St, 2007 in the amount of $10. Iowa Code §123.39 {b)(3) and City Code 5-36 (b)(3) requires any change in the ownership or interest in the business operated under a class "A", class "B", or class "C" liquor control license, or any wine or beer permit, to be reported and approved by the local authority and the Iowa Alcohol and Beverage Division. On December 19, 2008 a meeting was held at the police department with David Larsen and Audrey Hicks. David Larsen identified himself and Audrey Hicks as the interim managers due to the October 2008 departure of Russ Boffeli. Prior to their manager positions, David Larsen was a cook and Audrey Hicks was a bartender. David Larsen and Audrey Hicks report to the investment group identified above. Of the investment group, three members act as the management group: Jim Miller, Thomas Geisler, and Rick Ackley. David Larsen and Audrey Hicks confirmed the investment group had purchased RB Restaurant & Consulting, LLC from Russ Boffeli who is no longer affiliated with Bricktown Brewery. On December 22, 2008 a meeting was held at the police department with Jim Miller and Thomas Geisler, two of the three management group representing the investment group. When asked about the sale of RB Restaurant & Consulting, LLC from Russ Boffeli to the investment group last December 2007, Jim Miller said the investment group was unaware that a change of ownership needed to be reported. As a result, a municipal infraction was issued to Bricktown Brewery for failure to make timely notification of an ownership change. Jim Miller and Thomas Geisler said the investment group is attempting to locate a professional management person or group to assume operational management of Bricktown Brewery and David Larsen and Audrey Hicks are doing what they can to manage things in the meantime. RECOMMENDATION Based upon shifting management and the incidents of underage persons remaining in the business after 9:00 P.M. and the sale of alcohol to an underage person, the police department is recommending asix-month renewal of Bricktown Brewery liquor license. The six-month renewal is conditional and dependant upon management stabilization and monthly meetings with Bricktown Management. On January 7, 2008 I spoke by telephone in separate conversations with Jim Miller and Tom Geisler and explained the recommendation. linvited them to meet in person and review the recommendation if they have any questions. Jim Miller and Tom Geisler understood the recommendation and did agree to have monthly meetings. ACTION REQUESTED Action requested is City Council consideration to approve asix-month liquor license renewal for Bricktown Brewery, 299 Main Street. Cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk RESOLUTION NO. 44-09 RECEIVED 09 JAN 27 AM 8:37 City Clerk's Office Dubuque, IA Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City ®rdinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" SEER/LIQU®R LICENSE (6 Month RS Restaurant Management Sricktown Brewery+(Sunday Sale) Passed, approved, and adopted this 2nd day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk