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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 IIIIIF a 2007 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: