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Mindframe Multi Media LLC_Settlement Agreement for Alchohol OffenseMasterpiece on the Mississippi Dubuque >d All America Ci 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Mindframe Multi Media LLC Settlement - Alcohol Violation 1st Offense DATE: January 13, 2011 Chief of Police Mark Dalsing is recommending approval of the Settlement Agreement Assessing Penalties and the Order Accepting Acknowledgement /Settlement Agreement to Mindframe Multi Media LLC for Alcohol Violation 1 Offense. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:lw Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mark Dalsing, Chief of Police Mic ael C. Van Milligen THE CITY OF DUB UE MEMORANDUM Masterpiece on the Mississippi TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police January 12, 2011 RE: Mindframe Multi Media LLC Settlement — Alcohol Violation 1 Offense INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Mindframe Multi Media LLC. BACKGROUND Mindframe Multi Media LLC. has a liquor license for its establishment located at 555 JFK Rd. On June 29, 2010 the Dubuque Police Department did an alcohol compliance check at the business and an employee sold alcohol to an underage youth compliance monitor. As this was a first offense, the business was allowed to choose between a $500 fine or a 14 day license suspension, and chose to serve a suspension. City Council has directed that staff work with license and permit holders to serve suspensions in a flexible way. Assistant City Attorney Brumwell has negotiated a settlement with the company and it has been reviewed and approved by the police department. Under this settlement, Mindframe Multi Media LLC will serve a 14 day staggered suspension. CONCLUSION & RECOMMENDATION Mindframe Multi Media LLC has accepted responsibility for the alcohol sale and has agreed to the suspension dates as negotiated. The Dubuque Police Department will monitor their compliance, and I recommend approval of the agreement. ACTION REQUESTED Council approval and Mayor Buol signature of the attached Settlement Agreement Assessing Penalties and the Order Accepting Acknowledgment/Settlement Agreement. ALCOHOL COMPLIANCE SETTLEMENT AGREEMENT ASSESSING PENALTIES In RE: Mindframe Theaters 555 John F. Kennedy Road : Dubuque, IA 52002 Mindframe Multi Media LLC 555 John F. Kennedy Road, Suite 105 Dubuque, IA 52002 On this / day of January, 2011, Mindframe Multi Media LLC 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: A fourteen (14) day suspension OR a civil penalty in the amount of five hundred dollars ($500.00). • 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). • 3rd 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. Mindframe Theaters Mindframe Multi Media LLC has a liquor license for 555 John F. Kennedy Road. Violation of the liquor license occurred as follows:' Violation Date Violation Type Violation Number June 29, 2010 Alcohol Violation 1 Violation At this time, Mindframe Theaters has one (1) alcohol violation pending. Under the foregoing Iowa Code provisions, Mindframe Theaters is subject to the following: 1) A fourteen (14) day suspension of the liquor license; OR, 2) A civil penalty in the amount of five hundred dollars ($500.00). Mindframe Multi Media LLC admits the violation. Mindframe Multi Media LLC and the City Council have agreed to the following conditions in settlement of the first offense alcohol violation. Mindframe Multi Media LLC agrees to and shall: 1) Serve a fourteen (14) day suspension of its liquor license, as approved by the City of Dubuque Police Department. The suspension shall be served on the following dates: January 31- February 1, 2011 February 4 -8, 2011 February 28 -March 3, 2011 March 7 -9, 2011 THEREFORE, the City of Dubuque City Council hereby orders that the foregoing suspension of the liquor license be served as outlined. Failure to serve the suspension shall be considered as part of any future renewal of the liquor license by Mindframe Multi Media LLC. PASSED AND APPROVED this 1c day of January, 2011. Attest: Ieanne Schneider, CMC, City Clerk Mindframe Multi Media LLC By: Total: Two (2) days Five (5) days Four (4) days Three (3) days Fourteen (14) days PLe Roy '/ Buol, Mayor RE: Mindframe Theaters 555 John F. Kennedy Road Dubuque, IA 52002 Attest: BEFORE THE CITY OF DUBUQUE CITY COUNCIL eanne Schneider, City Clerk ORDER ACCEPTING SETTLEMENT AGREEMENT Alcohol Compliance — 1 Violation Mindframe Multi Media LLC 555 John F. Kennedy Rd., Suite 105 Dubuque, IA 52002 • • On this 1Y day of January, 2011, in lieu of a public hearing on the above captioned matter, the City of Dubuque City Council approves the attached Settlement Agreement between Mindframe Multi Media LLC and the City of Dubuque. THEREFORE, the City Council finds the above captioned licensee has agreed to a fourteen (14) day suspension of their liquor license. Please be advised that this sanction will count as a first violation of Iowa Code §123.49, pursuant to Iowa Code §123.50(3)(A). THEREFORE, it is ordered that the judgment in this matter is hereby satisfied. PASSED AND APPROVED this ` day of January, 2011. 7_ Roy D. B I, Mayor