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Liquor and Tobacco License ApplicationsTO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Liquor License Renewal for the following: • Bowling and Beyond, 1860 Hawthorne Street • Clark of Dubuque, 700 Rhomberg Avenue • Engraved Gift Collection, 962 Main Street • Hy-Vee Gas #2, 2435 Northwest Arterial • Las Margaritas, 1575 John F. Kennedy Road • The Moracco, 1413 Rockdale Road • UAW Local #94, 3450 Central Avenue DATE: December 14, 2009 Interim Police Chief Terry Tobin recommends approval of the annual liquor license renewal for the businesses of Bowling and Beyond, 1860 Hawthorne Street; Clark of Dubuque, 700 Rhomberg Avenue; Engraved Gift Collection, 962 Main Street; Hy-Vee Gas #2, 2435 Northwest Arterial; Las Margaritas, 1575 John F. Kennedy Road; The Moracco, 1413 Rockdale Road; and UAW Local #94, 3450 Central Avenue. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Terry Tobin, Interim Chief of Police _, THE CITY OF D B E Masterpiece on the Mississippi MEMORANDUM DATE: December 14, 2009 TO: Michael C. Van Milligen City Manager FROM: Terry Tobin Interim Police hief RE: Liquor License Renewal for the following: ^ Bowling and Beyond, 1860 Hawthorne Street ^ Clark of Dubuque, 700 Rhomberg Avenue ^ Engraved Gift Collection, 962 Main street ^ Hy-Vee Gas #2, 2435 Northwest Arterial ^ Las Margaritas, 1575 John F. Kennedy Road ^ The Moracco, 1413 Rockdale Road ^ UAW Local #94, 3450 Central Avenue INTRODUCTION The purpose of this memorandum is to recommend the annual renewal of the above liquor license establishments and to highlight the calls for service related to incidences of disturbances, crimes against persons, crimes against property, and public morals occurring at the business since the last liquor license renewal. BACKGROUND Regarding the listed establishments, the following is a summary of activity since their last renewal. The following key provides a brief description of those calls for service displaying four areas of concern. Disturbances Includes physical fighting, verbal arguments, loud music and/or subjects and all other disorder) behavior not alread listed Crimes A ainst Persons Includes Assault and Harassment Crimes A ainst Pro a Includes Bur la ,Criminal Mischief and Theft Public Morals Includes Public Intoxication and Possession of Controlled Substances DISCUSSION BOWLING AND BEYOND (1860 HAWTHORNE STREET) Since the last renewal date there have been 21 calls for service to the establishment. Of those 21 calls there were five disturbances, one crime against persons, one crime against property, and four public morals calls. Additionally, there were four individual violations and one violation against the business. DPD Case # Type of Call/Circumstances Disposition 08-44741 Alcohol/tobacco com liance check Handled b Officer 08-47522 Assault - sim le Sim le Assault 08-51947 Disturbance Intoxication/Disorderly Conduct 09-7517 Public Morals - bartender su I in minors w/alcohol Handled b Officer 09-8621 Criminal Mischief Offense Re ort Filed 09-11021 Disturbance Handled b Officer 09-12550 Alcohol/tobacco com liance check Handled b Officer 09-17424 Alcohol/tobacco compliance check Sale of Alcohol to Persons Under 21/Civil Assessment to the establishment 09-30418 Disturbance Handled b Officer 09-30462 Disturbance -kids throwin food Handled b Officer 09-35918 Theft -vehicle Handled b Officer 09-40077 Disturbance - sub'ect bein loud Handled b Officer CLARK OF DUBUQUE (700 RHOMBERG AVENUE) Since the last renewal date there have been 29 calls for service to the establishment. Of those 29 calls there were no disturbances, one crime against persons, seven crimes against property, and one public morals call. Additionally, there were four individual violations and one violation against the business. DPD Case # Type of Call/Circumstances Disposition 09-3228 Public morals-alcohol/tobacco compliance check Sale of Alcohol To Person Under 21, Sale of Tobacco To Person Under 18, Civil Penalty Assessed Against The Business 09-4409 Harassment- threats towards clerk Harassment 15 Degree 09-21988 Burglary- to business Burglary 3` Degree 09-33896 Theft- of gasoline Handled By Officer 09-34327 Theft- of gasoline Handled By Officer 09-44689 Burglary- to business Offense Report Filed 09-48982 Criminal mischief- front window cracked Offense Report Filed 09-50441 Theft- of gasoline Handled By Officer 09-55611 Theft- of gasoline Handled By Officer ENGRAVED GIFT COLLECTION (962 MAIN STREET) Since the last renewal date there have been two calls for service to the establishment. Of those calls there were no disturbances, no crimes against persons, one crime against property, and one public morals call. Additionally there were no individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 08-51746 Public Morals/tobacco and alcohol compliance check Handled By Officer 08-55659 Theft -forgery Offense Report Filed HYVEE GAS #2 (2435 NORTHWEST ARTERIAL) Since the last renewal date there have been 15 calls for service to the establishment. Of those15 calls there was one disturbance, no crimes against persons, one crime ~• ~ against property, and one public morals call. Additionally, there were three individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 08-49832 Theft- ossession of stolen ro ert Theft-4 2 ,Theft-3~ 09-964 Public morals-indecent ex osure Offense Re ort Filed 09-4158 Disturbance-verbal Handled B Officer LAS MARGARITAS (1575 JOHN F. KENNEDY ROAD) Since the last renewal date there have been four calls for service to the establishment. Of those four calls there were no disturbances, no crimes against persons, no crimes against property, and two public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 09-14159 Public Morals/tobacco and alcohol compliance check Handled By Officer 09-27590 Public Morals/tobacco and alcohol compliance check Handled By Officer THE MORACCO (1413 ROCKDALE ROAD) Since the last renewal date there have been five calls for service to the establishment. Of those five calls there were no disturbances, no crimes against persons, no crimes against property, and two public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 08-51773 Public Morals/tobacco and alcohol compliance check Handled By Officer UAW LOCAL #94 (3450 CENTRAL AVENUE) Since the last renewal date there has been one call for service to the establishment. Of this one call, there were no disturbances, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the Annual liquor license for Bowling and Beyond, 1860 Hawthorne Street; Clark of Dubuque, 700 Rhomberg Avenue; Engraved Gift Collection, 962 Main Street; Hy-Vee Gas #2, 2435 Northwest Arterial; Las Margaritas, 1575 John F. Kennedy Road; The Moracco, 1413 Rockdale Road and UAW Local #94, 3450 Central Avenue. ACTION REQUESTED Action requested is for City Council consideration to approve the liquor license renewal for Bowling and Beyond, 1860 Hawthorne Street; Clark of Dubuque, 700 Rhomberg Avenue; Engraved Gift Collection, 962 Main street; Hy-Vee Gas #2, 2435 Northwest Arterial; Las Margaritas, 1575 John F. Kennedy Road; The Moracco, 1413 Rockdale Road and UAW Local #94, 3450 Central Avenue. cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk RESOLUTION NO. 473-09 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 3 NEW Iowa Street Market Terrence J. Norton 1236 Iowa St Gas N Go 4110 Gas, Inc 4110 Dodge St Gas N Go 3270 Gas, Inc. 3270 Dodge St Passed, approved and adopted this 21St day of December, 2009 Roy D.Buol Mayor Jeanne F. Schneider, CMC City Clerk RESOLUTION NO. 474-09 Whereas, applications for Beer Permits have been submitted and filed 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 Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager Beer Permit. Intern'I UAW Local # 94 Hiba Petroleum Inc Iowa Street Market, Inc be authorized to cause to be issued the following named applicants a CLASS "B" BEER PERMIT UAW Local # 94+(Sunday Sale) 3450 Central Av CLASS "C" BEER PERMIT .Clark of Dubuque+(Sunday Sale) 700 Rhomberg Av Iowa Street Market+(Sunday Sale) 1256 Iowa St Passed, approved and adopted this 21st day of December, 2009. f/ /~~. ~~ Roy D. Buol Mayor Attest: G' anne F. Schneider, CMC City Clerk C? ~ ~ ~~ ® ~ ~ ~~ ~ ~ , _ ~ ~ _ .~ ~ ' `.~ ~ c> cD .._ ~, RESOLUTION NO. 475-09 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 Ordinances 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. Bowling & Beyond Dubuque Bowling & Beyond+(Sunday & Outdoor Sale) 1860 Hawthorne Mayas, Inc Las Margaritas+(Sunday & Outdoor Sale) 1575 JFK Rd The Moracco, Inc. Moracco+(Sunday Sale) 1413 Rockdale CLASS "C" BEER/LIQUOR LICENSE (5-Day Special Event) Restoration Trust LLC Restoration Trust LLC 1079 Elm St CLASS "B" WINE Iowa Street Market, Inc Iowa St Market 1256 Iowa St CLASS "C" BEER/LIQUOR. LICENSE CLASS "WBN" NATIVE WINE Woodline, Inc Hy-Vee, Inc Engraved Gift Collection Hy-Vee Gas# 2 962 Main St 2435 NW Arterial Passed, approved and adopted this 21st day of December, 2009 ` Roy D. Buol Mayor Att #: ~ ~ ~~ ,p ~ J anne F. Schneider, CMC ~ ~ ~' City Clerk ~` ~ C ~ ti ifi7 ~ ~ ~ rv