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Alcohol Compliance Settlement_Best Western Midway, Champp's AmericanaMasterpiece on the Mississippi Dubuque bliil NI- America City I 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Best Western Plus Dubuque Hotel /Champps Americana Settlement DATE: August 11, 2011 Chief of Police Mark Dalsing is recommending that the City Council accept the Acknowledgement /Settlement Agreement for Best Western Plus Dubuque Hotel /Champps Americana for their second violation. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mark Dalsing, Chief of Police Masterpiece on the Mississippi TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police /1/0 MEMORANDUM August 11, 2011 RE: Best Western Plus Dubuque Hotel /Champps Americana Settlement INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Best Western Plus Dubuque Hotel /Champps Americana. BACKGROUND Best Western Plus Dubuque Hotel /Champps Americana has a liquor license for its facility located at 3100 Dodge St. in the City of Dubuque. On July 2, 2009 and December 17, 2009 the Dubuque Police Department did alcohol compliance checks at the business and employees 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, and a penalty schedule was developed with options for violators. Best Western Plus Dubuque Hotel /Champps Americana was presented with penalty options which include license suspension, fines, or a combination of suspension and fines. Best Western Plus Dubuque Hotel /Champps Americana has chosen the option to pay a $15,000 fine and serve no license suspension. Additionally the agreement places them under a 12 -month probationary period, requires them to use ID scanners, provide Training for Intervention Procedures (TIPS) training for employees, and the establishment will do documented internal compliance checks at a rate of two checks per month for 24 months. CONCLUSION & RECOMMENDATION In accordance with Council directive, City staff has developed a penalty schedule for violators and Best Western Plus Dubuque Hotel /Champps Americana 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. 1 ACTION REQUESTED City Manager review, City Council approval, and Mayor Buol signature of the attached Acknowledgment/Settlement Agreement. cc: Crenna Brumwell 2 ACKNOWLEDGMENTIS ETTLEMENT AGREEMENT Alcohol Compliance — 2id Violation RE: Best Western Plus Dubuque Hotel . Dodge Street Entertainment, LLC Champps Americana 3100 Dodge Street 3100 Dodge Street Dubuque, IA 52003 Dubuque, IA 52003 I, % asr- i.'' -'' on behalf of Best Western Plus Dubuque Hotel - Champps Americana, hereby knowingly and voluntarily acknowledge that: a) Best Western Plus Dubuque Note 1 - Champps Americana received the Notice of Hearing regarding the above referenced case. b) Best Western Plus Dubuque Hotel - Champps Americana admits that the facts and allegations contained in the Co mplaint, which is attached hereto and incorporated herein by refe rence, are true and correct. c) Best Western Plus Dubuque Hotel - Champps Americana waives a public hearing and submits to the statutory penalties prescribed by law. d) Best Western Plus Dubuque Hotel - Champps Americana understands that this penalty will count as an official "Second Violation - Alcohol Compliance" of Iowa Code §123.49 and City of Dubuque Code of Ordinances §4 -2A -3, pursuant to Iowa Code §123.50 and City of Dubuque Code of Ordinances §4 -2B- 16. Best Western Plus Dubuque Hotel - Champps Americana has a liquor license for 3100 Dodge Street. Violations of the liquor license occurred as follows: Violation Date July 2, 2009 December 17, 2009 Violation Type Alcohol Violation Alcohol Violation Violation Number 1st Violation 2"d Violation At this time, Best Western Plus Dubuque Hotel - Champps Americana has one (1) alcohol violation pending. Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Best Western Plus Dubuque Hotel - Cham pps Americana is subject to a civil penalty and a suspension of the liquor license. In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4- 2B-16, Best Western Plus Dubuque Hotel - Champps Americana accepts the penalties for a Second Violation - Alcohol Comp liance and chooses the following option: Please choose one (1) ofthe following options: ❑ Option #1 ❑ One thousand five hundred dollar($1,500) fine ❑ Thirty (30) day suspension of the license ❑ Option #2 ❑ Five thousand dollar ($5,000) fine ❑ Fourteen (14) day suspension of the license (Thirty (30) day suspension with sixteen (16) days suspended) ❑ No further violations fora twelve (12) consecutive month probationary period' ❑ Option #3 ❑ Seven Thousand five hundred dollar ($7,500) fine ❑ Seven (7) day suspension of the license (Thirty (30) day suspension with twenty three (23) days suspended) ❑ No further violations fora twelve (12) consecutive month probationary period* ❑ Two (2) of the following (please choose two): ❑ Terminate the employee who acted illegally ❑ Purchase and use identification scanners for use on all alcohol sales ❑ All employees at the time of the violation who may serve alcohol and continue their employment must be trained in Training for Intervention Procedures or other training approved by the City within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive training within thirty (30) days of their hire date ❑ Use wristbands for patrons twenty-one (21) years of age and older ❑ Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the Chief of Police ❑ Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the Chief of Police ❑ Such other conditions as agreed upon between the licensee or permittee and the Chief of Police Option #4 B'-Ffteen thousand dollar ($15,000) fine $ Zero (0) day suspension of the license (Thirty (30) day suspension with thirty (30) days suspended) an- No further violations fora twelve (12) consecutive month probationary period* (Best VVestem Plus Dubuque Hotel — Champps Americana is given retroactive credit to Aprr1 4, 2011 toward the probationary period) Three (3) of the following (please choose three): ❑ jerminate the employee who acted illegally V Purchase and use identification scanners for use on all alcohol sales. (Scanners will be used for customers who appear under the age of fortk (40) years old) 13' All employees at the time of the violation who may serve alcohol and continue their employment must be trained in Training for Intervention Procedures or other training approved by the City within ninety (90) days and all new employees hired within two (2) years (from the date of this Agreement) who may serve alcohol must receive training within thirty (30) days of their hire date ❑ Use wristbands for patrons twenty-one (21) years of age and older ❑ Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the Chief of Police ❑ Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the Chief of Police Such other conditions as agreed upon between the licensee or permittee and the Chief of Police: Perform internal compliance checks two (2) times a month for a period of twenty -four (24) months. A log must be kept of the checks br the entirety of the twenty-four (24) months which includes dates, names of customers used, age of the customers. and the result of the check. The check log must be available to the Dubuque Police Department for inspection during regular business hours. if there is a violation within the probationary period, the days which were suspended must be served. Initials: 3T _ Date: ?(Z6/11 Best Western Plus Dubuque Hotel — Chamoos Americana S gnature Signature Name — Please Print Name —Please Print Z (2b /2©• Date Attest vin Firnst - i K nl, Acting City c lerk Date NOTE This must be signed by an irxdvidual alcohol licens ee, or in the case of another business entity, by individual(s) who have authority to bind the entity. THEREFORE, in lieu of a public hearing, the City of Dubuque City Council hereby orders that the foregoing civil penalty be remitted by Best Western Plus Dubuque Hotel — Champps Americana on or before September 30, 2011 and conditions served as outlined and approved by the Chief of Police. PASSED AND APPROVED thisl5tldayof August ,2011_, Roy D :uol, Mayor