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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 !mod Ao4me cacm► 2007 Compliance City Council ichael 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 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 cr/y//747 k Pi> 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<