Alcohol Compliance Violation Settlement_Red Robin America's BurgersMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Red Robin America's Gourmet Burgers & Spirits Settlement
DATE: August 31, 2011
Dubuque
AO-Ammta City
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Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Red Robin America's Gourmet Burgers & Spirits.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micl#ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE CITY OF
DUB UE MEMORANDUM
Masterpiece on the Mississippi
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsfng
Chief of Police
RE: Red Robin America's Gourmet Burgers & Spirits Settlement
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Red Robin America's Gourmet Burgers & Spirits.
lJ
August 24, 2011
BACKGROUND
Red Robin America's Gourmet Burgers & Spirits has a liquor license for its
establishment located at 2775 NW Arterial, in the City of Dubuque. On February 15,
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. Red Robin America's Gourmet Burgers & Spirits was presented
with penalty options which include license suspension or a fine and Red Robin
America's Gourmet Burgers & Spirits has chosen to pay a $500 fine. The payment has
been remitted to the City Clerk's Office.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators and Red Robin America's Gourmet Burgers & Spirits 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: Red Robin America's Gourmet
Burgers & Spirits
2775 NW Arterial
Dubuque, IA 52002
Red Robin International, Inc.
6312 S Fiddler's Green Circle
Greenwood Village, CO 80111
I, douglas Christman, on behalf of Red Robin America's Gourmet Burgers
wits, hereby knowingly and voluntarily acknowledge that:
a) Red Robin America's Gourmet Burgers & Spirits received the Notice of
Hearing regarding the above referenced case.
b) Red Robin America's Gourmet Burgers & Spirits admits that the facts and
allegations contained in the Complaint, which is attached hereto and
incorporated herein by reference, are true and correct.
c) Red Robin America's Gourmet Burgers & Spirits waives a public hearing
and submits to the statutory penalties prescribed by law.
d) Red Robin America's Gourmet Burgers & Spirits understands that this
violation 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.
Red • Robin America's Gourmet Burgers & Spirits has a liquor license for 2775 NW
Arterial. Violation of the liquor license occurred as follows:
Violation Date Violation Type Violation Number
February 15, 2011 Alcohol Violation ,1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Red Robin America's Gourmet Burgers & Spirits 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, Red Robin America's Gourmet Burgers & Spirits chooses one of the following
penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Red Robin America's Gourmet Burgers & Spirits
%
Signature ,
Douglas L. Christman
Associate General Counsel
Signature
Name — Please Print 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 has been remitted by Red Robin America's
Gourmet Burgers & Spirits to the City of Dubuque — City Clerk's Office.
PASSED AND APPROVED this 6th day of September , 2011 .
Attest: