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Alcohol Compliance Violation Settlement_Panchero's Mexican GrillMasterpiece on the Mississippi TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Panchero's Mexican Grill Settlement August 31, 2011 Chief of Police Mark Dalsing is recommending approval of the Alcohol Settlement Agreement with Panchero's Mexican Grill. I concur with the recommendation and respectfully request Mayor and approval. Dubuque All- Amcacity 2007 Compliance City Council Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mark M. Dalsing, Chief of Police Masterpiece on the Mississippi MEMORANDUM August 23, 2011 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Panchero's Mexican Grill Settlement INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Panchero's Mexican Grill. BACKGROUND Panchero's Mexican Grill has a liquor license for its establishment located at 4840 Asbury Rd. in the City of Dubuque. On March 10, 2011 the Dubuque Police Department did an alcohol compliance check at the business and an employee 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. Panchero's Mexican Grill was presented with penalty options which include license suspension or a fine and Panchero's Mexican Grill has chosen to accept a 14 day liquor license suspension. The establishment will serve its suspension September 11, 20011 through September 24, 2011. CONCLUSION & RECOMMENDATION In accordance with Council directive, City staff has developed a penalty schedule for violators and Panchero's Mexican Grill 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. ACTION REQUESTED City Manager review, City Council approval, and Mayor Buol signature of the attached Acknowledgment/Settlement Agreement. cc: Crenna Brumwell 1 ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Alcohol Compliance — 1st Violation RE: Panchero's Mexican Grill 4840 Asbury Road Dubuque, IA 52002 Central Coast Hospitality, Inc. 2430 Knob Hill Dubuque, IA 52003 I, Dan Sacco, on behalf of Panchero's Mexican Grill, hereby knowingly and voluntarily acknowledge that: a) Panchero's Mexican Grill received the Notice of Hearing regarding the above referenced case. b) Panchero's Mexican Grill admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Panchero's Mexican Grill waives a public hearing and submits to the statutory penalties prescribed by law. d) Panchero's Mexican Grill understands that this penalty will count as an official "First Violation — Alcohol Compliance" of 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. Panchero's Mexican Grill has a liquor license for 4840 Asbury Road. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number March 10, 2011 Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Panchero's Mexican Grill is subject to the following: 1) A five hundred dollar ($500.00) fine OR 2) A fourteen (14) day suspension of the liquor license. In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4- 2B-16, Panchero's Mexican Grill chooses the following penalty: ❑ Five hundred dollar ($500.00) fine Fourteen (14) day liquor license suspension The suspension of the liquor license must be served as follows: Sunday, September 11, 2011 through and including Saturday, September 24, 2011• Total: Fourteen (14) days Panchero's Mexican Grill Signature r �n,i;f/mod Signature Name — Please Print Name — Please Print �lI SIB // Date Date NOTE: This must be signed by an individual alcohol licensee, 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 suspension of the liquor license be served as outlined. PASSED AND APPROVED this 6th day of September , 2011 . Attest: Ke in Firnst hl, Acting ity Clerk Roy D. Bui', Mayor