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