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