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
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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
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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