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Alcohol Compliance Civil Penalty for Neighbors Tap Copyrighted November 18, 2019 City of Dubuque Consent Items # 23. ITEM TITLE: Alcohol Compliance Civil PenaltyforAlcohol License Holder— Neighbors Tap SUMMARY: City Manager recommending approval of the AcknowledgmenUSettlement Agreement for an alcohol compliance violation for Neighbors Tap, 1899 Rockdale Road. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type Neighbors TapAlcohol CompAgree-MVM Memo City Manager Memo Staff Memo Staff Memo AgreementCopy Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Alcohol Compliance Settlement Agreement — Neighbor's Tap DATE: November 12, 2019 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Neighbor's Tap, 1899 Rockdale Road. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Mark M. Dalsing, Chief of Police "IHE CITY OF DUB E MEMORANDUM Masterpiece on tl2e Mississippi November 12, 2019 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement — Neighbor's Tap INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Neighbor's Tap. BACKGROUND Neighbor's Tap has a liquor license for its establishment at 1899 Rockdale Road in the City of Dubuque. On September 27, 2019 the Dubuque Police Department did an alcohol compliance check at Neighbor's Tap 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. Neighbor's Tap has chosen a fourteen (14) day liquor license suspension and has submitted their signed agreement. CONCLUSION & RECOMMENDATION In accordance with Council directive, City staff has developed a penalty schedule for violators. Neighbor's Tap 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 — 1st Violation RE: Neighbor's Tap 1899 Rockdale Road Dubuque, IA 52003 Neighbor's Inc. 1899 Rockdale Road Dubuque, IA 52003 I, S , on behalf of Neighbor's Tap, hereby knowingly and voluntarily acknowledge that: a) Neighbor's Tap received the notice regarding the above referenced case. b) Neighbor's Tap admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Neighbor's Tap waives a hearing and submits to the statutory penalties prescribed by law. d) Neighbor's Tap understands that this violation 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. Neighbor's Tap has a liquor license for 1899 Rockdale Road. Violation of the liquor license occurred as follows: Violation Date September 27, 2019 Violation Type Violation Number Alcohol Violation 1St Violation Under the foregoing City of Dubuque Code of Ordinances provisions, Neighbor's Tap 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, Neighbor's Tap chooses one of the following penalties: ❑ Five hundred dollar ($500.00) fine Fourteen (14) day liquor license suspension The suspension of the liquor license must be served as follows: Beginning at 6:00 AM on Saturday, December 14, 2019 and ending at 6:00 AM on Monday, December 30, 2019. Total: Fourteen (14) days Neighbor's Ta Signature Signature G, Name — Please Print hi Date 74).0 t a loart to,LVvim ,y‘xvoir Name — Please Print I I / /2U 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 thisl8th day of November , 2019 Attest: Kevi Firnstahl, City Cler Jake A. Rios, Mayor Pro Tem