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Lot One, LLC Alcohol Compliance Settlement AgreementIn RE: ALCOHOL COMPLIANCE SETTLEMENT AGREEMENT ASSESSING PENALTIES Lot One 100 Main Street Dubuque, IA 52001 Joe Zwack Lot One 100 Main Street Dubuque, IA 52001 On this 4th day of October ', 2010, Lot One and the City of Dubuque City Council agree as follows: Liquor License Violation Penalties The civil penalties for liquor license violations, pursuant to Iowa Code §123.50, include: • 1 Violation: Civil penalty in the amount of five hundred dollars ($500.00). Failure to pay the civil penalty results in automatic suspension of the license for a period of fourteen (14) days. • 2 " Violation within two (2) years: A thirty (30) day suspension AND a civil penalty in the amount of one thousand five hundred dollars ($1,500.00). • 3 Violation within three (3) years: A sixty (60) day suspension AND a civil penalty in the amount of one thousand five hundred dollars ($1,500.00). • 4 Violation within three (3) years: Revocation of the license or permit. Lot One Lot One has a liquor license for 100 Main Street. Violations of the liquor license occurred as follows: Violation Date December 4, 2008 December 11, 2009 Violation Type Alcohol. Violation Alcohol Violation The alcohol violation from December 4, 2008 was processed as a first offense violation under Iowa Code §123.49(h), selling, giving, or otherwise supplying alcohol to any person under the legal age. At this time Lot One has one alcohol violation pending. Under the foregoing Iowa Code provisions, Lot One is subject to the following: 1) A thirty (30) day suspension of the liquor license; AND, Violation Number 1 Violation 2nd Violation 2) A civil penalty in the amount of one thousand five hundred dollars ($1,500.00). Lot One admits the violations. Lot One and the City Council have agreed to the following conditions in settlement of the second offense alcohol violation. Lot One agrees to and shall: 1) Pay a one thousand five hundred dollar ($1,500.00) penalty for the December 11, 2009 alcohol violation (Second Offense); and, 2) Serve a thirty (30) day suspension of its liquor license before expiration of the current liquor license on May 3, 2011. a. Lot One shall be given credit for Sundays which the business closed as follows: b. May 9, 2010 May 16, 2010 May 23, 2010 May 30, 2010 June 6, 2010 June 13, 2010 June 20, 2010 June 27, 2010 Lot One was closed and receive credit for closures on: August 16, 2010 August 22, 2010 August 23, 2010 August 29, 2010 August 30, 2010 September 5, 2010 c. The remainder of the thirty (30) day suspension shall be served as follows: September 26, 2010 October 3, 2010 October 10, 2010 July 4, 2010 July 11, 2010 July 18, 2010 July 25, 2010 August 1, 2010 August 8, 2010 August 15, 2010 September 6, 2010 September 7, 2010 September 8, 2010 September 9, 2010 September 12, 2010 September 19, 2010 THEREFORE, the City of Dubuque City Council hereby orders that the foregoing civil penalties be remitted by Lot One to the City of Dubuque on or before November 1, 2010 and suspension of the liquor license be served as outlined. Failure to pay the civil penalty by such date shall result in the automatic license suspension for a period of fourteen (14) days in addition to the thirty (30) day suspension mandated by law. PASSED AND APPROVED this 4th day of oc tober 2010. Attest: Jeanne Schneider, CMC, City Clerk Karla A. Bra.ig Mayor Pro -Tem Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Lot One Violations DATE: September 30, 2010 Dubuque heal All-America City 111 r 2007 Assistant City Attorney Crenna Brumwell is recommending approval of the negotiated agreement. Crenna has done a good job working out a solution for this situation and will work with City staff in the development of a policy recommendation to the City Council. Chief of Police Mark Dalsing has provided information in response to the letter from Joe Zwack, the owner of Lot One related to suspension of their liquor license. The Police Department has developed a highly effective and fair way to check if liquor license holders are complying with the rules and regulations related to the privilege to hold that license. While prevention is a difficult thing to quantify, there is little doubt that this program has prevented many youth from drinking in taverns or buying alcohol and, therefore, prevented incidents which could have involved death, injury, property damage and other consequences for these youth. While I am recommending approval of the agreement with Lot One on the manner in which their suspension will be served, I want to make two points. First, it was completely appropriate to withdraw the negotiated agreement from the last City Council agenda when there was some doubt raised that Lot One was even open on Sundays. Since they were agreeing to serve their suspension on Sundays, it would not have meant much if they were already planning to be closed. Second, a recommendation will be brought to the City Council in the future on a policy related to how suspensions should be served. I respectfully recommend Mayor and City Council approval of the Lot One suspension agreement. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mark M. Dalsing, Chief of Police Michael C. Van Milligen Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ. ASSISTANT CITY ATTORNEY To: City Manager DATE: September 29, 2010 RE: Lot One Alcohol Suspension — 2 "d Offense Michael C. Van Milligen MEMORANDUM Lot One came before the City Council on May 3, 2010 for a liquor license suspension hearing. Lot One requested to be heard by the City Council as the offense in question was a second violation of the restriction for selling to minors. Upon a finding that a second offense has occurred, a licensee must pay a $1,500 civil penalty and serve a thirty (30) day suspension of the liquor license. At the conclusion of the May 3, 2010 hearing, the City Council found that Lot One violated the statutory prohibition on selling alcohol to minors on December 4, 2008 and December 11, 2009. Joe Zwack, holder of the liquor license, spoke to the City Council and indicated that serving a thirty -day consecutive suspension would put Lot One out of business. The City Council inquired whether a suspension had to be served on consecutive days and after being advised by the City Attorney's Office that it did not, the City Council directed the City Attorney's Office to work with Mr. Zwack to put together a settlement agreement. The goal of the settlement agreement was to allow Lot One to stay in business while at the same time pay the required fine and serve the thirty -day suspension. I first met with Mr. Zwack on June 25, 2010. At this time we discussed the terms necessary for a settlement agreement which included listing the specific dates on which the suspension would be served and providing a deadline for payment of the civil penalty. I also made it clear to Mr. Zwack that the settlement agreement required approval by the City Council. I made no representation as to whether the City Council would or would not approve the proposed agreement. Over the summer I continued to work with Mr. Zwack to put together the proposed settlement agreement. During our discussions Mr. Zwack indicated that Lot One had been closing on Sundays since the City Council hearing and desired credit for those OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 589 -4381 / FAX (563) 583 -10401 EMAIL cbrumwel @cityofdubuque.org Sundays as part of the suspension. I agreed to include that in the proposed settlement agreement after checking with the Iowa Alcoholic Beverage Division to ensure that Lot One was licensed to serve alcohol on Sundays. I was able to confirm this licensure with the state; the Sunday Service allowance is an addition to a traditional liquor license and requires the payment of additional license fees. The proposed settlement agreement was sent to the City Council for approval on September 20, 2010. On September 20, 2010, I was contacted by Assistant Police Chief Terry Tobin who expressed concerns regarding the proposed settlement agreement. Assistant Chief Tobin indicated that most of the suspension had allegedly already been served, and that the majority of the days served were on Sundays, and the Police Department had no way of confirming that Lot One was usually open on Sundays and was actually closed on the days proposed in the agreement. As a result of his concerns, the item was pulled from the City Council Agenda for further review by the City Manager, the City Attorney's Office, and the Police Department. Lot One was contacted and asked to provide sales tax receipts showing Sunday sales, but has not done so to date. In preparing the proposed settlement agreement with Lot One, I failed to take into consideration that the Police Department would want to confirm closure of the establishment. Mr. Zwack may have relied upon my indication that the Sunday closings would be acceptable. My recommendation, in which City Attorney Barry Lindahl concurs, is that we recommend the City Council approval the proposed agreement that negotiated with Lot One. I will be working with Assistant Chief Tobin and Police Chief Mark Dalsing to put together a policy for future situations where a settlement agreement may be considered for resolving liquor license suspensions. The policy will have certain requirements which must be met to ensure that the business is held accountable and the Police Department can verify the suspension is being served. This policy will include logistics items such as arranging for submission of the liquor license to either the City Clerk or the Police Department as a business cannot sell alcohol without their license on the premises. Thank you for your consideration of this matter. Please let me know if you have any questions. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL cbrumwel @cityofdubuque.org Masterpiece on the Mississippi TO: Michael C. Van Milligen City Manger FR: Mark M. Da[sing Chief of Police RE: Lot One Violations INTRODUCTION MEMORANDUM September 29, 2010 The purpose of this memorandum is to address concerns raised by Joseph Zwack of Lot One, LLC in a letter to the Mayor and Council dated September 22, 2010. BACKGROUND In response to an Acknowledgement /Settlement Agreement between Lot One and the City of Dubuque being removed from the September 20, 2010 City Council Meeting agenda, Joseph Zwack, the owner of Lot One, filed a letter to Mayor Buol and the City Council about his displeasure in the settlement being removed from the agenda. In his letter Mr. Zwack referred to police actions as "stings," and, "police specialists have sent in minors to in effect create a crime." He also noted, "There's no question that, if the police send enough minors to illegally buy a beer at any establishment they'll eventually catch a new or inexperienced bartender and be able to close it down. The team that conducts these operations is made up of experts, and they know what they are doing." The content of the letter suggests that the Dubuque Police Department is using less than ethical techniques or using trickery in these operations. This memo will address these allegations. The Dubuque Police Department conducts alcohol and tobacco compliance checks in the City throughout the year. Funding for the alcohol checks is supplied by Enforcing Underage Drinking Laws (EUDL) through Helping Services of Northeast Iowa as the grant recipient. Tobacco checks are funded by the Iowa Alcoholic Beverages Division, which regulates tobacco licensing and violations in the state. During the course of the year, the department has the goal of checking every licensed liquor establishment and tobacco retailer at least two times. Dubuque has approximately 170 licensed liquor establishments and approximately 125 licensed tobacco retailers. Compliance checks are done as often as weekly and approximately 10 establishments can be checked on a given night, depending if there are violations. Establishments are put on a rotating list to ensure they are checked the minimum number of times. If complaints are received about establishments or if they are past violators, they may receive additional checks. In response to Mr. Zwack's comments on the methodology used during the checks, the Dubuque Police Department has used a consistent process in doing the checks. When compliance checks are done, youth compliance workers meet with sworn, plain clothes officers at the DLEC for briefing. They are photographed as to their appearance on the given day and their State issued drivers' licenses or identification cards are photocopied. It should be noted that all youth compliance workers are under the age of 21 so they possess vertical drivers' licenses and identification cards as opposed to horizontal cards held by people over 21. When a compliance check is done, an officer enters the establishment, acts as a patron and situates him /herself at a good observation point. The youth then enters the establishment and also acts as a patron and orders alcohol or tobacco depending on what type of check is being done. If asked for identification the worker provides his /her State issued identification. If asked their age, the workers tell their ages. At no point is anything other than their State identification card presented and at no point do they falsify their ages. The sworn police officer witnesses the transaction. If the youth is served, they leave the establishment with the sealed container of alcohol or tobacco and immediately turn it over to another sworn officer. If an opened alcoholic beverage is served to the youth, they do not consume it and simply leave it in the establishment and meet with the outside officer. If a violation occurs, the outside officer is given the name or description of who sold the alcohol /tobacco and the officer cites the person and establishment. The two violations noted at Lot One were on December 4, 2008 and December 11, 2009. In the 2008 violation, the 15 year old youth worker entered the bar at 6:15 p.m., upon request presented his official State I.D. showing him to be 15 years old, and was served a bottle of beer. In the 2009 case, an 18 year old compliance monitor entered the bar at 8:20 p.m. and purchased two bottles of beer without being asked for proof of age. In response to Mr. Zwack's comment, "There's no question that, if the police send enough minors to illegally buy a beer at any establishment they'll eventually catch a new or inexperienced bartender and be able to close it down," compliance checks were done at Lot One a total of five times between FY09 and FY10 and alcohol sales were made on two occasions, including the very first compliance check at the establishment on December 4, 2008. CONCLUSION & RECOMMENDATION The Dubuque Police Department has actively done alcohol compliance checks since 2008 under our current program, and tobacco compliance checks since 1997. When we started doing the checks we found that more than 30% of retailers would sell tobacco to underage youth and more than 25% of license liquor establishments would sell alcohol to underage youths. Through compliance checks and an educational and training campaign, we have reduced these numbers. The FY 2010 review of the programs showed that the overall Dubuque alcohol compliance rate was 93.9 %, and the tobacco compliance rate was at 97.4 %. The increased compliance to state alcohol and tobacco laws is a tribute to programs such as our compliance checks. ACTION REQUESTED This is an informational memo only. No further action is requested Masterpiece on the Mississippi TO: Michael C. Van Milligen City Manger FR: Mark M. Dalsit gl�'� Chief of Police RE: Lot One Violations INTRODUCTION The purpose of this memorandum is to address concerns raised by Joseph Zwack of Lot One, LLC in a letter to the Mayor and Council dated September 22, 2010. BACKGROUND MEMORANDUM September 29, 2010 In response to an Acknowledgement /Settlement Agreement between Lot One and the City of Dubuque being removed from the September 20, 2010 City Council Meeting agenda, Joseph Zwack, the owner of Lot One, filed a letter to Mayor Buol and the City Council about his displeasure in the settlement being removed from the agenda. In his letter Mr. Zwack referred to police actions as "stings," and, "police specialists have sent in minors to in effect create a crime." He also noted, "There's no question that, if the police send enough minors to illegally buy a beer at any establishment they'll eventually catch a new or inexperienced bartender and be able to close it down. The team that conducts these operations is made up of experts, and they know what they are doing." The content of the letter suggests that the Dubuque Police Department is using less than ethical techniques or using trickery in these operations. This memo will address these allegations. The Dubuque Police Department conducts alcohol and tobacco compliance checks in the City throughout the year. Funding for the alcohol checks is supplied by Enforcing Underage Drinking Laws (EUDL) through Helping Services of Northeast Iowa as the grant recipient. Tobacco checks are funded by the Iowa Alcoholic Beverages Division, which regulates tobacco licensing and violations in the state. During the course of the year, the department has the goal of checking every licensed liquor establishment and tobacco retailer at least two times. Dubuque has approximately 170 licensed liquor establishments and approximately 125 licensed tobacco retailers. Compliance checks are done as often as weekly and approximately 10 establishments can be checked on a given night, depending if there are violations. Establishments are put on a rotating list to September 22, 2010 Mayor Buol and Dubuque City Council 50 West 13th Street Dubuque, IA 52001 Re Lot One, LLC Settlement Agreement with City Dear Mayor Buol and Council Members: I am remitting a copy of this letter to City Manager Michael Van Milligan, Corporation Counsel Barry Lindahl, and Asst. City Attorney Crenna M. Bramwell. As you may recall, our establishment (Lot One) was caught in a second "sting" operation for serving a minor person, and I appeared at a City Council meeting this spring regarding the matter. (Over a period of about 7 years we had no calls for fights, drunkenness, etc. prior to receiving this second charge. Lot One simply doesn't cater to a clientele who would normally be involved in such activities.) At the Council meeting several of you had asked if the 30 days Lot One would be required to be closed had to be served consecutively. You were advised by Asst. City Attorney Bramwell that the law did not require that they be served consecutively. At that point several of you had recommended that an arrangement be worked out whereby Lot One be allowed to be closed on non - consecutive days, such as on Mondays or Sundays, etc. Asst. City Attorney Bramwell was requested to work out a non - consecutive closing day deal with us. City Corporation Counsel Barry Lindahl was present at this meeting. Also, the "witness" police officer was present at the Council meeting and was fully aware of the recommendations of the City Council regarding such an agreement being worked out. Pursuant to the your suggestions, Ms. Bramwell and I met on three separate occasions to work out our closing schedule. She and I reached full agreement. We have also talked by telephone and I have received written communications from her regarding the days served or to be served. Lot One does have a Sunday license (It costs an extra $500.00), and summertime Sundays are big business for us. We sometimes closed on certain Sundays this past the winter, especially immediately after the Holidays, but during the first 6 years of our existence we were open every single Sunday during summer. After we reached our agreement regarding Sunday closings we did in fact begin closing in May. We did ask Ms. Brumwell if we could be open on the Memorial Day Sunday and the Fourth of July Sunday weekend. We offered to be closed those following Mondays instead. She agreed. At our second personal meeting, which was late this summer, Ms. Brumwell said that she thought the police would like to have some days served consecutively. Although we had previously worked out the Sunday deal, I nonetheless agreed, and thus closed on both Sundays and Mondays the last two weeks in August, and then 5 days running the first week in September. At present we have just 3 days left in order to reach the required 30 day suspension. On Monday of this week the Settlement Agreement that we had worked out with the City pursuant to your recommendations was to be presented to you at the Council meeting for final approval. I had signed the Settlement Agreement prepared by the City Attorney's office in Ms. Brumwell's presence, and it fully reflected what Lot One and the City had agreed to and what we had been operating under. Now, though, with only 3 days left for Lot One to "serve ", we have been told that someone in the police department is not satisfied with the Settlement Agreement worked out between Lot One and the City Attorney's office. I believe that someone in the police department is now taking the position that Lot One might have been closed anyway on some Sundays, and we were thus getting off too easy. (One of our bartenders told an unidentified plainclothes officer that we're closed on Sundays this summer [Our bartenders, understandably, don't make a practice of volunteering to our customers that we're serving out a suspension of license on Sundays.}. After the plainclothes officer showed his badge to the bartender the bartender told the officer that in fact Lot One had been closed on Sundays because of the suspension.) I would note that this is the first summer we've ever been closed on Sundays since we began the business, and we were closed ONLY because of our agreement with the city. When I was told that the police were going to yank the Settlement Agreement off the City Council's agenda this past Monday I telephoned the police department. I was told by the officer that they had no way of knowing for sure that Lot One had been closed on the Sundays in question. I replied that we definitely had been closed and said that if he thought otherwise he was in effect calling me a liar. He didn't respond. This is very disturbing for an honest citizen who's trying to do what's right and to abide by the Agreement entered into with the City at tremendous expense to us. Lot One's position is this: 1. We have an almost spotless record at Lot One, except for the two times the police specialists have sent in minors to in effect create a crime. We don't have all - you -can- drink -type or similar specials, and we cater to customers with a somewhat older age demographic. We didn't catch the two minors the police sent into our establishment, and that's our fault legally and we admitted it. 2. At the City Council meeting in which our license revocation was discussed you City Council members specifically asked if a non- consecutive -day arrangement could be worked out for Lot One. You were given the legal opinion that, yes, such an agreement was possible and legal. 3. You City Council members made the specific recommendation that the City Attorney's office work out an Agreement for non - consecutive days for serving out Lot One's suspension. The police department representative was present, heard such recommendation, and made no objection to your recommendation. 4. After such recommendation by the City Council, Lot One (through me) was in telephone, personal, and written contact with the City's agent, Assistant City Attorney Brumwell, and we worked out a Settlement Agreement. 5. Lot One has fully complied with the Settlement Agreement worked out by the parties, relying on the authority of the City's legal department to legally bind the City. 6. As a result of being closed on Sundays this past summer Lot One lost tens of thousands of dollars in business. During the summer, we normally have the additional Sunday tourist, boater, bicycle and motorcycle business. We missed all that this summer, knowing we had an agreement with the City. We even missed out on our August NFL pre - season Football Sundays. (Football is a big deal for Lot One, and we even carry the Hawkeye football games as Dubuque's only "Live Remote" for Hawkeye Football.) Now, though, we've seen all our Sunday Football Fans go to our competitors, and they may well not be back. 7. We have no connection with the police department and certainly don't know what their procedures are. We don't know if they have a practice of second - guessing Settlement Agreements made between citizens and the City Attorneys. We fully believed that the City Attorney was an agent for, and could bind, the city, and we based our actions on the Settlement Agreement worked out. We served 27 days of our required 30 days suspension, at great financial cost to us. We shall remain closed this coming Sunday in accordance with the provisions of our Settlement Agreement. 8. We're faced with an uphill battle trying to stay open in downtown Dubuque. We pay high taxes. We constantly fight the stigma of the parking meters and parking tickets that our customers must pay. We've poured over $1,500,000 into Lot One, and we're one of the few companies in the area that has not received even one penny of city, state or other government money on lower Main. There's no question that, if the police send enough minors to illegally buy a beer at any establishment they'll eventually catch a new or inexperienced bartender and be able to close it down. The team that conducts these operations is made up of experts, and they know what they're doing. We at Lot One DAILY discuss the practices of the Dubuque team that carries out these sting operations -- -until we're blue in the face. We point out that the next time the police team that does the stings succeeds we'll be out of business permanently and our 19 employees will be out of work. In fact one of our good bartenders said that we were putting too much pressure on him, and he quit (He had never been caught selling to a minor.) 9. In this case we strongly feel that Asst. City Attorney Crenna M. Brumwell was doing the job that you suggested that she do. Both she and I acted in good faith pursuant to the specific recommendations you made at the City Council meeting in which this matter was discussed. We have no complaint against her, as we definitely believe that she thought she was carrying out your suggestions, and doing what was right for the City and Lot One under the circumstances. She has acted professionally in working out the Settlement Agreement, and to allow someone in another department (here, the police department) to void the Settlement Agreement at this point would not only be unjust but actionably contrary to law. We at Lot One (a) acted in reliance, and (b) to our substantial financial detriment, (c) upon an Agreement worked out with the City's agent, (d) who was in fact performing her duties under the specific directions that were made at an official Council meeting by /of her "bosses ". 10. We're attaching for your examination as Exhibit "A" to this letter the Settlement Agreement prepared by the City Attorney's office and signed by me, and under which we have been operating for the past four months. The Settlement Agreement sets forth the agreed -upon suspension dates served by Lot One, and specifically states: It couldn't be clearer. Thank you. "Lot One and the City Council have agreed to the following conditions in settlement of the second offense alcohol violation." We respectfully ask that you reset this ALCOHOL COMPLIANCE SE1 AGREEMENT ASSESSING PENALTIES for approval on your agenda. By 1, 11 r � Joseph i '' wa --4 cc: Dubuque City Manager Michael Van Milligan Dubuque City Corporation Counsel Barry Lindahl Dubuque Asst. City Attorney Crenna Brumwell In RE: ALCOHOL COMPLIANCE SETTLEMENT AGREEMENT ASSESSING PENALTIES Lot One 100 Main Street Dubuque, IA 52001 Violation Date December 4, 2008 December 11, 2009 Violation Type Alcohol Violation Alcohol Violation Joe Zwack Lot One 100 Main Street Dubuque, IA 52001 On this day of September, 2010, Lot One and the City of Dubuque City Council agree as follows: Liquor License Violation Penalties The civil penalties for liquor license violations, pursuant to Iowa Code §123.50, include: • 1 Violation: Civil penalty in the amount of five hundred dollars ($500.00). Failure to pay the civil penalty results in automatic suspension of the license for a period of fourteen (14) days. • 2nd Violation within two (2) years: A thirty (30) day suspension AND a civil penalty in the amount of one thousand five hundred dollars ($1,500.00). • 3 Violation within three (3) years: A sixty (60) day suspension AND a civil penalty in the amount of one thousand five hundred dollars ($1,500.00). • 4 Violation within three (3) years: Revocation of the license or permit. Lot One Lot One has a liquor license for 100 Main Street. Violations of the liquor license occurred as follows: Violation Number 1 Violation 2 "d Violation The alcohol violation from December 4, 2008 was processed as a first offense violation under Iowa Code §123.49(h), selling, giving, or otherwise supplying alcohol to any person under the legal age. At this tirne Lot One has one alcohol violation pending. Under the foregoing Iowa Code provisions, Lot One is subject to the following: 1) A thirty (30) day suspension of the liquor license; AND, 2) A civil penalty in the amount of one thousand five hundred dollars ($1,500.00). Lot One admits the violations. Lot One and the City Council have agreed to the following conditions in settlement of the second offense alcohol violation. Lot One agrees to and shall: 1) Pay a one thousand five hundred dollar ($1,500.00) penalty for the December 11, 2009 alcohol violation (Second Offense); and, 2) Serve a thirty (30) day suspension of its liquor license before expiration of the current liquor license on May 3, 2011. a. Lot One shall be given credit for Sundays which the business closed as follows: May 9, 2010 May 16, 2010 May 23, 2010 May 30, 2010 June 6, 2010 June 13, 2010 June 20, 2010 June 27, 2010 b. Lot One was closed and receive credit for closures on: August 16, 2010 August 22, 2010 August 23, 2010 August 29, 2010 August 30, 2010 September 5, 2010 c. The remainder of the thirty (30) day suspension shall be served as follows: September 26, 2010 October 3, 2010 October 10, 2010 July 4, 2010 July 11,2010 July 18, 2010 July 25, 2010 August 1, 2010 August 8, 2010 August 15, 2010 September 6, 2010 September 7, 2010 September 8, 2010 September 9, 2010 September 12, 2010 September 19, 2010 THEREFORE, the City of Dubuque City Council hereby orders that the foregoing civil penalties be remitted by Lot One to the City of Dubuque on or before November 1, 2010 and suspension of the liquor license be served as outlined. Failure to pay the civil penalty by such date shall result in the automatic license suspension for a period of fourteen (14) days in addition to the thirty (30) day suspension mandated by law. PASSED AND APPROVED this day of September, 2010. Attest: Jeanne Schneider, CMC, City Clerk Roy D. Buol, Mayor