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Liquor License Applications and RenewalsMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Liquor License Renewal for the following: • Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive • Eagle Country Market, 1800 Elm Street • Family Mart, Inc., 3201 Central Avenue • Kwik Stop Food Mart, 2360 Central Avenue • Los Aztecas Mexican Restaurant, 2700 Dodge Street • Lucky 13 Tap, 385 E. 13 Street • National Mississippi River Museum, 350 E. 3 Street • Phillips 66 /Arby's, 10 S. Main Street • Wal -Mart Supercenter, 4200 Dodge Street DATE: August 31, 2010 Chief of Police Mark Dalsing recommends approval of the annual liquor license renewal for the businesses of Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive; Eagle Country Market, 1800 Elm Street; Family Mart, Inc., 3201 Central Avenue; Kwik Stop Food Mart, 2360 Central Avenue; Los Aztecas Mexican Restaurant, 2700 Dodge Street; Lucky 13 Tap, 385 E. 13 Street; National Mississippi River Museum, 350 E. 3 Street; Phillips 66 /Arby's, 10 S. Main Street; and Wal -Mart Supercenter, 4200 Dodge Street. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mark Dalsing, Chief of Police Michael C. Van Milligen Dubuque All- Amedcacily 2007 Disturbances Includes physical fighting, verbal arguments, loud music and /or subjects and all other disorderly behavior not already listed Crimes Against Persons Includes Assault and Harassment Crimes Against Property Includes Burglary, Criminal Mischief and Theft Public Morals Includes Public Intoxication and Possession of Controlled Substances THE CITY OF DUB Masterpiece on the Mississippi DATE: August 30, 2010 TO: Michael C. Van Milligen City Manager FROM: Mark Dalsi Chief of Police RE: Liquor License Renewal for the following: MEMORANDUM • Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive • Eagle Country Market, 1800 Elm Street • Family Mart, Inc., 3201 Central Avenue • Kwik Stop Food Mart, 2360 Central Avenue • Los Aztecas Mexican Restaurant, 2700 Dodge Street • Lucky 13 Tap, 385 E. 13 Street • National Mississippi River Museum, 350 E. 3rd Street • Phillips 66 /Arby's, 10 S. Main Street • WaI -Mart Supercenter, 4200 Dodge Street 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. 1 DPD Case # Type of Call /Circumstances Disposition 09 -41801 Theft — shoplifter Theft 5 Public Intoxication 09 -41870 Theft — shoplifter Offense Report Filed 09 -41985 Trespass Handled By Officer 09 -42542 Theft — shoplifter Theft 5tr, 09 -42809 Disturbance — verbal Handled By Officer 09 -43668 Theft — shoplifter Theft 5 Public Intoxication 09 -45351 Theft — shoplifter Handled By Officer 09 -48877 Theft — shoplifter Theft 5th 09 -49143 Burglary — to motor vehicle Offense Report Filed 09 -49360 Harassment Handled By Officer 09 -50228 Disturbance — verbal over car crash Accident Report Filed 09 -53689 Harassment Handled By Officer 09 -54295 Theft — Forgery Offense Report Filed 10 -1531 Theft — Forgery Handled By Officer 10 -1780 Theft — shoplifter Public Intoxication 10 -4218 Theft — shoplifter Theft 5th 10 -9953 Theft — shoplifter Theft 5th 10 -14066 Criminal Mischief — to a sign Offense Report Filed 10 -14289 Theft — forgery Offense Report Filed 10 -16356 Theft — forgery Offense Report Filed 10 -16437 Trespass — skateboarders Handled By Officer DPD Case # Type of Call /Circumstances Disposition 10 -21812 Public morals- public intoxication Public Intoxication 10 -39948 Theft- gas drive off Offense Report Filed DISCUSSION PHILLIPS 66 /ARBY'S (10 SOUTH MAIN) Since the last renewal date there have been 15 calls for service to the establishment. Of those 15 calls there were no disturbances, no crimes against persons, one crime against property, and one public morals call. Additionally, there was one individual violation and no violations against the business. CARLOS O'KELLY'S MEXICAN CAFE (1355 ASSOCIATES DRIVE) Since the last renewal date there have been no calls for service to the establishment. EAGLE COUNTRY MARKET (1800 ELM STREET) Since the last renewal date there have been 84 calls for service to the establishment. Of those 84 calls there were three disturbances, six crimes against persons, 29 crimes against property, and two public morals calls. Additionally, there were 18 individual violations and no violations against the business. 2 10 -16846 Theft — shoplifter Handled By Officer 10 -16857 No Contact Order Violation Handled By Officer 10 -20748 Theft — of purse Handled By Officer 10 -22633 Theft — shoplifter Theft 5`" 10 -24359 Disturbance — kids in store Handled By Officer 10 -24835 Public Morals — underage drinking in parking lot Handled By Officer 10 -25161 Theft — of shopping cart Theft 5'" 10 -26439 Theft — shoplifter Handled By Officer 10 -27766 Harassment Handled By Officer 10 -28068 Theft — shoplifter Public Intoxication 10 -29031 Burglary — to motor vehicle Offense Report Filed 10 -29465 Theft — merchandise Handled By Officer 10 -31140 Theft — merchandise Theft — 5`" Degree 10 -31718 Assault — no injury Handled By Officer 10 -34295 Burglary — to motor vehicle Offense Report Filed 10 -34577 Theft — merchandise Theft — 5`" Degree, Possession Of Alcohol Under The Legal Age, Interference With Official Acts 10 -36693 Assault — with dangerous weapon Handled By Officer 10 -36924 Public morals — public intoxication Public Intoxication, Public Urination 10 -41012 Theft — merchandise Offense Report Filed DPD Case # Type of Call /Circumstances Disposition 09 -46177 Theft — merchandise Theft 5`" 10 -26381 Assault no injury Offense Report Filed DPD Case # Type of Call /Circumstances Disposition 09 -40818 Theft- gas drive off Offense Report Filed 09 -40990 Forgery Offense Report Filed FAMILY MART, INC. (3201 Central Avenue) Since the last renewal date there have been 30 calls for service to the establishment. Of those 30 calls, there were no disturbances, one crime against persons, one crime against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. KWIK STOP FOOD MART (2360 CENTRAL AVE) Since the last renewal date there have been 79 calls for service to the establishment. Of those 79 calls, there were five disturbances, no crimes against persons, 18 crimes against property, and three public morals calls. Also, 26 of those 79 calls were 911 hang up calls from the business' pay phone. Additionally, there were six individual violations and no violations against the business. 3 09 -54214 Forgery Offense Report Filed 09 -56305 Theft- gas drive off Handled By Officer 09 -57726 Theft- gas drive off Dispatcher Handled 09 -58504 Theft- wallet Offense Report Filed 10 -2088 Theft- gas drive off Dispatcher Handled 10 -2874 Theft- merchandise Handled By Officer 10 -3081 Public morals- public intoxication Handled By Officer 10 -3768 Disturbance- verbal Disorderly Conduct, Interference With Official Acts 10 -4264 Theft- gas drive off Handled By Officer 10 -9527 Theft- gas drive off Handled By Officer 10 -10485 Public morals- controlled substances Possession Of A Controlled Substance 10 -11854 Theft- gas drive off Offense Report Filed 10 -12641 Disturbance- music /noise Handled By Officer 10 -14742 Disturbance- verbal Handled By Officer 10 -16359 Disturbance- music /noise Driving Under Suspension 10 -17647 Theft- gas drive off Handled By Officer 10 -22045 Theft- wallet Report Filed 10 -22774 Criminal mischief- to motor vehicle Complainant Cancelled 10 -23031 Theft- merchandise Handled By Officer 10 -30447 Theft- merchandise Offense Report Filed 10 -30863 Theft- merchandise Offense Report Filed 10 -31045 Public morals- public intoxication Public Intoxication 10 -33967 Disturbance- verbal Handled By Officer 10 -41172 Theft - merchandise Theft-5`" Degree DPD Case # Type of Call /Circumstances Disposition 09 -54775 Disturbance — person refusing to pay the bill Complaint Cancelled 10 -6793 Public Morals — underage subjects Tavern Inspection 10 -7920 Theft — refused to pay for drinks Handled By Officer LOS AZTECAS MEXICAN RESTAURANT (2700 DODGE STREET) Since the last renewal date there have been ten calls for service to the establishment. Of those ten calls 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. LUCKY 13 TAP (385 E. 13 STREET) Since the last renewal date there has 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. 4 DPD Case # Type of Call /Circumstances Disposition 09 -40566 Disturbance- verbal Handled By Officer 09 -41497 Theft- merchandise Theft 5 Degree 09 -42624 Theft- merchandise Offense Report Filed 09 -43325 Theft- merchandise Theft 5 Degree 09 -44611 Theft- merchandise Theft 5 Degree 09 -45163 Theft- merchandise Offense Report Filed 09 -45220 Theft- merchandise Handled By Officer 09 -45397 Theft- merchandise Handled By Officer 09 -47808 Criminal mischief- to motor vehicle Offense Report Filed 09 -49731 Theft- merchandise Theft 5 Degree 09 -51085 Theft- merchandise Theft 5 Degree 09 -51148 Public morals- public intoxication Public Intoxication 09 -51377 Theft- merchandise Theft 5 Degree 09 -51530 Theft- merchandise Theft 5 Degree 09 -51704 Burglary- to motor vehicle Offense Report Filed 09 -53369 Theft- merchandise Offense Report Filed 09 -55248 Public Morals- possession of a schedule one Possession of Schedule one 09 -55554 Theft- merchandise Theft 5 Degree 09 -55670 Disturbance- verbal Handled By Officer 09 -55918 Disturbance- verbal Handled By Officer 09 -56616 Theft- merchandise Theft 4 Degree 09 -56655 Theft- merchandise Offense Report Filed DPD Case # Type of Call /Circumstances Disposition 10 -29391 Public Morals — intoxicated subject Handled By Officer 09 -49021 Public Morals — subjects smoking marijuana in the bar Dispatcher Handled DPD Case # Type of Call /Circumstances Disposition 09 -55450 Criminal Mischief — to motor vehicle Offense Report Filed NATIONAL MISSISSIPPI RIVER MUSEUM (350 EAST 3rd STREET) Since the last renewal date there have been 19 calls for service to the establishment. Of those 19 calls, there were no disturbances, one crime against persons, one crime against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. WAL -MART SUPERCENTER (4200 DODGE) Since the last renewal date there have been 169 calls for service to the establishment. Of those 169 calls there were eight disturbances, two crimes against persons, 70 crimes against property, and three public morals calls. Additionally, there were 42 individual violations and no violations against the business. 5 09 -56668 Theft- merchandise Theft 5 Degree 09 -57421 Theft- merchandise Theft 4 Degree 09 -57439 Theft- merchandise Offense Report Filed 09 -57581 Theft- merchandise Theft 4 Degree 09 -57675 Theft- merchandise Theft 2"" Degree 09 -57755 Theft- merchandise Theft 4 Degree 09 -57922 Theft- merchandise Offense Report Filed 09 -58197 Theft- merchandise Theft 5 Degree 09 -58655 Theft- merchandise Theft 5 Degree 09 -59201 Theft- merchandise Theft 5 Degree 09 -59953 Theft- merchandise Offense Report Filed 10 -144 Theft- merchandise Theft 5 Degree 10 -895 Theft- merchandise Theft 5 Degree 10 -2992 Criminal mischief- to motor vehicle Mailout Sent 10 -3197 Theft- merchandise Handled By Officer 10 -3799 Theft- merchandise Theft 5 Degree 10 -3839 Theft- merchandise Theft 5 Degree 10 -4220 Theft- merchandise Offense Report Filed 10 -4426 Theft- merchandise Theft 5 Degree 10 -4512 Theft- merchandise Theft 5 Degree 10 -4693 Harassment- in person Handled By Officer 10 -4799 Theft- merchandise Offense Report Filed 10 -5102 Theft- merchandise Theft 5 Degree 10 -5192 Theft- merchandise Theft 5 Degree 10 -5794 Theft- merchandise Offense Report Filed 10 -7110 Theft- merchandise Theft 5t" Degree 10 -7327 Disturbance- verbal Handled By Officer 10 -7437 Theft- merchandise Offense Report Filed 10 -7881 Theft- merchandise Theft 5 Degree 10 -8384 Theft- merchandise Offense Report Filed 10 -8480 Theft- merchandise Theft 5 Degree 10 -8813 Theft- merchandise Theft 4 Degree 10 -8992 Theft- merchandise Theft 5 Degree 10 -10652 Theft- merchandise Theft 5 Degree 10 -10791 Theft- merchandise Theft 5 Degree 10 -10822 Criminal mischief- to motor vehicle Handled By Officer 10 -11121 Theft- merchandise Theft 5 Degree 10 -11161 Harassment- in person Complainant Cancelled 10 -11857 Disturbance- physical Handled By Officer 10 -12954 Theft- merchandise Offense Report Filed 10 -13553 Criminal mischief- to motor vehicle Handled By Officer 10 -14309 Disturbance- verbal Handled By Officer 10 -15490 Public morals- indecent exposure Handled By Officer 10 -15518 Theft- merchandise Offense Report 6 10 -16387 Theft- purse Mailout sent 10 -16823 Theft- merchandise Theft 5 Degree 10 -17360 Theft- license plate Mailout Sent 10 -17362 Disturbance- verbal Handled By Officer 10 -17373 Theft- merchandise Theft 3 `tl Degree 10 -17582 Theft- merchandise Theft 4 Degree 10 -17588 Disturbance- verbal Report Filed 10 -17643 Theft- merchandise Theft 5 Degree 10 -20651 Theft- merchandise Theft 5 Degree 10 -25738 Criminal mischief- to motor vehicle Offense Report Filed 10 -25749 Criminal mischief- to motor vehicle Handled By Officer 10 -28048 Theft- merchandise Offense Report Filed 10 -29354 Theft- merchandise Theft 5 Degree 10 -30474 Theft- wallet Mailout Sent 10 -31154 Theft- merchandise Theft 5 Degree 10 -31986 Criminal mischief- to motor vehicle Offense Report Filed 10 -34129 Theft- cell phone Offense Report Filed RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the Annual liquor license for Carlos O'Kelly's Mexican Cafe, 1355 Associates Dr.; Eagle Country Market, 1800 Elm St.; Family Mart, Inc, 3201 Central Ave.; Kwik Stop Food Mart, 2360 Central Avenue; Los Aztecas Mexican Restaurant, 2700 Dodge Street; Lucky 13 Tap, 385 E. 13 Street; National Mississippi River Museum, 350 E. 3rd Street; Phillips 66 /Arby's, 10 S. Main Street and Wal -Mart Supercenter, 4200 Dodge Street. ACTION REQUESTED Action requested is for City Council consideration to approve the liquor license renewal for Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive; Eagle Country Market, 1800 Elm Street; Family Mart, Inc., 3201 Central Avenue; Kwik Stop Food Mart, 2360 Central Avenue; Los Aztecas Mexican Restaurant, 2700 Dodge Street; Lucky 13 Tap, 385 E. 13 Street; National Mississippi River Museum, 350 E. 3rd Street; Phillips 66 /Arby's, 10 S. Main Street and Wal -Mart Supercenter, 4200 Dodge Street. cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk 7 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and RESOLUTION NO. 344 -10 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. IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE DBQ Cnty Historical Society Nat'l River Museum +(Sunday /Outdoor Sale) 350 E. 3 St Carlos O'Kelly's Inc Carlos O'Kelly's Mexican Cafe +(Sunday Sale) 1355 Associates Famolo of Iowa, Inc Los Aztecas Mexican Restr +(Sunday Sale) 2700 Dodge St David Erickson Lucky 13 Tap +(Sunday Sale) 385 E. 13 St Grayson Enterprises Vinny Vanucchis Little Italy +(Sunday /Outdoor SI) 180 Main St DBQ Community Ice DBQ Community Ice Center +(Sunday Sale) 1800 Admiral Sheene) Diamond Jo Casino Downtown Eagle Inc. Wal -Mart Stores, Inc. Family Mart, Inc. CLASS "C" BEER/LIQUOR LICENSE(5 -DAY SPECIAL EVENT) Diamond Jo Casino (Parking Lot) 301 Bell St A" "t• CLASS "WBN" NATIVE WINE Rainbo Oil Company Kwik Stop Food Mart City Clerk CLASS "B" WINE Eagle Country Market Wal -Mart Supercenter #2004 Family Mart Passed, approved and adopted this 7th day of September, 2010 eanne F. Schneider, CMC 1800 Elm St 4200 Dodge St 3201 Central Av 2360 Central Av /4 Roy D. Buol Mayor 0 m m 0 RESOLUTION NO. 343 -10 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 be authorized to cause to be issued the following named applicants a Beer Permit. Family Mart, Inc. Liberty Station, LLC Rainbo Oil Company Downtown Eagle, Inc. Wal -Mart Stores, Inc Attest: eanne F. Schneider, CMC City Clerk CLASS "C" BEER PERMIT Family Mart +(Sunday Sale) 3201 Central Av Phillips 66 /Arby's +(Sunday Sale) 10 S. Main St Kwik Stop Food Mart +(Sunday Sale) 2360 Central Av Eagle Country Market +(Sunday Sale) 1800 Elm St Wal -Mart Supercenter#2004 +(Sunday Sale) 4200 Dodge St Passed, approved and adopted this 7th day of Septem • er, 2010. Roy D. Buol Mayor w s 0 m D