Alcohol Compliance Violation Settlement_Shannon's Bar & GrillMasterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Shannon's Bar & Grill Settlement
August 31, 2011
Chief of Police Mark Dalsing is recommending approval of the Alcohol
Settlement Agreement with Shannon's Bar & Grill.
I concur with the recommendation and respectfully request Mayor and
approval.
Dubuque
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Ao4me cacm►
2007
Compliance
City Council
ichael C. Van Milligen
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark M. Dalsing, Chief of Police
Masterpiece on the Mississippi
TO: Michael C. Van Milligen
City Manager y l
FR: Mark M. Ding 1 :70
Chief of Police
MEMORANDUM
August 24, 2011
RE: Shannon's Bar & Grill Settlement
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Shannon's Bar & Grill.
BACKGROUND
Shannon's Bar & Grill has a liquor license for its establishment located at 521 East 22nd
Street, in the City of Dubuque. On September 26, 2008 and December 21, 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. Shannon's Bar & Grill was presented with penalty options which
include license suspension or a fine and Shannon's Bar & Grill has chosen to take a 30
day liquor license suspension. The dates of the suspension are shown in the attached
agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators and Shannon's Bar & 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 settlement.
ACTION REQUESTED
City Manager review, City Council approval, and Mayor Buol signature of the attached
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
1
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ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Alcohol Compliance — 2nd Violation
RE: Shannon's Bar & Grill
521 East 22nd Street
Dubuque, IA 52001
Shannon's Bar & Grill LLC
521 East 22nd Street
Dubuque, IA 52001
1, Ricky C. Shannon, on behalf of Shannon's Bar & Grill, hereby knowingly
and voluntarily acknowledge that:
a) Shannon's Bar & Grill received the Notice of Hearing regarding the above
referenced case.
b) Shannon's Bar & 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) Shannon's Bar & Grill waives a public hearing and submits to the statutory
penalties prescribed by law.
d) Shannon's Bar & Grill 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.
Shannon's Bar & Grill has a liquor license for 521 East 22nd Street. Violations of the
liquor license occurred as follows:
Violation Date
September 26, 2008
December 21, 2009
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1st Violation
2nd Violation
At this time, Shannon's Bar & Grill has one (1) alcohol violation pending. Under the
foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Shannon's
Bar & Grill 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, Shannon's Bar & Grill accepts the penalties for a Second Violation — Alcohol
Compliance and chooses the following option:
Please choose one (1) of the 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 for a 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 for a 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
✓ Fifteen thousand dollar ($15,000) fine
✓ Zero (0) day suspension of the license
(Thirty (30) day suspension with thirty (30) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Three (3) of the following (please choose three):
❑ 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 the 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
*If there is a violation within the probationary period, the days which were suspended must be served.
Initials: %' ,C , S. Date: 8''0?2- /
The suspension of the liquor license must be served as follows:
Friday, September 9 — Saturday, September 10, 2011
Tuesday, September 13 — Wednesday, September 14, 2011
Tuesday, September 27 — Wednesday, September 28, 2011
Tuesday, October 4 — Wednesday, October 5, 2011
Tuesday, October 11 — Wednesday, October 12, 2011
Tuesday, October 18 — Wednesday, October 19, 2011
Tuesday, October 25 — Wednesday, October 26, 2011
Tuesday, November 1 — Wednesday, November 2, 2011
Tuesday, November 8 — Wednesday, November 9, 2011
Tuesday, November 15 — Wednesday, November 16, 2011
Monday, November 21 — Tuesday, November 22, 2011
Tuesday, November 29 — Wednesday, November 30, 2011
Tuesday, December 6 — Wednesday, December 7, 2011
Tuesday, December 13 — Wednesday, December 14, 2011
Tuesday, December 20 — Wednesday, December 21, 2011
Shannon's Bar & Grill
G G zC0/7 vzor(
Name ease Print
Date
Two (2) days
Two (2) days
Two (2) days
Two (2) days
Two (2) days
Two (2) days
Two (2) days
Two (2) days
Two (2) days
Two (2) days
Two (2) days
Two (2) days
Two (2) days
Two (2) days
Two (2) days
Total: Thirty (30) days
Name — Please Print
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 foregoing civil penalty be remitted by Shannon's Bar & Grill on or before Friday,
September 30, 2011 and suspension of the liquor license be served as outlined.
PASSED AND APPROVED this 6th day of September , 20 11 ,
Roy D. B #ol, Mayor
Attest:
Ke n Firnsta •I, Acting City Cler<