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Liquor License RenewalsMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque bitil All - America City 2007 SUBJECT: Liquor License Renewal for the following: • Crust Italian Kitchen & Bar, 299 Main Street • Family Mart, 3201 Central Avenue • Fat Tuesday's, 1121 University Avenue • Grand River Center, 500 Bell Street • Hilton Garden Inn / Houlihan Restaurant, 1795 Greyhound Park Road • National Mississippi River Museum & Aquarium, 350 E. 3rd Street • Phillips 66 / Arby's, 10 South Main Street • Red Robin America's Burger & Spirits, 2775 Northwest Arterial • Wal -Mart Supercenter #2004, 4200 Dodge Street DATE: August 30, 2011 Acting Chief of Police Terry Tobin recommends approval of the annual liquor license renewal for the businesses of Crust Italian Kitchen & Bar, 299 Main Street; Family Mart, 3201 Central Avenue; Fat Tuesday's, 1121 University Avenue; Grand River Center, 500 Bell Street; Hilton Garden Inn / Houlihan Restaurant, 1795 Greyhound Park Road; National Mississippi River Museum & Aquarium, 350 E. 3rd Street; Phillips 66 / Arby's, 10 South Main Street; Red Robin America's Burger & Spirits, 2775 Northwest Arterial; and Wal -Mart Supercenter #2004, 4200 Dodge Street. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Terry Tobin, Acting Chief of Police THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi DATE: August 30, 2011 TO: Michael C. Van Milligen City Manager FROM: Terry Tobin 1-A Acting Chief of Police RE: Liquor License Renewal for the following: • Crust Italian Kitchen & Bar, 299 Main Street • Family Mart, 3201 Central Avenue • Fat Tuesday's, 1121 University Avenue • Grand River Center, 500 Bell Street • Hilton Garden Inn / Houlihan Restaurant, 1795 Greyhound Park Road • National Mississippi River Museum & Aquarium, 350 E. 3rd Street • Phillips 66 / Arby's, 10 South Main Street • Red Robin America's Burger & Spirits, 2775 Northwest Arterial • Wal -Mart Supercenter #2004, 4200 Dodge Street INTRODUCTION The purpose of this memorandum is to recommend the annual renewal of the above liquor license establishments and to highlight the calls for service related to incidences of disturbances, crimes against persons, crimes against property, and public morals occurring at the business since the last liquor license renewal. BACKGROUND Regarding the listed establishments, the following is a summary of activity since their last renewal. The following key provides a brief description of those calls for service displaying four areas of concern. Disturbances Includes physical fighting, verbal arguments, loud music and /or subjects and all other disorderly behavior not already listed Crimes Against Persons Includes Assault and Harassment Crimes Against Property Includes Burglary, Criminal Mischief and Theft Public Morals Includes Public Intoxication and Possession of Controlled Substances 1 DISCUSSION CRUST ITALIAN KITCHEN & BAR (299 Main Street) Since the last renewal date there have been eight calls for service to the establishment. Of those eight calls there were no disturbances, one crime against persons, no crimes against property and two public morals calls. Additionally, there were four individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 11 -2342 Harassment- in person Report Filed 11 -2853 Public morals- public intoxication Public Intoxication, Interference With Official Acts 11 -22786 Public morals- controlled substance Public Intoxication, Possession Of A Controlled Substance FAMILY MART (3201 Central Avenue) Since the last renewal date there have been 18 calls for service to the establishment. Of those 18 calls there was one disturbance, one crime against persons, three crimes against property and no public morals calls. Additionally, there was one individual violation and no violations against the business. DPD Case # Type of Call /Circumstances Disposition Handled By Officer 10 -50390 Disturbance- verbal 10 -52610 Theft- gasoline Handled By Officer 11 -15775 Theft- gasoline Mail Out Sent 11 -19448 Harassment- in person Handled By Officer 11 -29740 Theft- gasoline Theft- 5`h Degree FAT TUESDAY'S (1121 University Avenue) Since the last renewal date there have been six calls for service to the establishment. Of those six calls there were no disturbances, no crimes against persons, one crime against property and one public morals call. Additionally, there were three individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 10 -54836 Theft- cell phone Offense Report Filed 11 -18626 Public morals- controlled substance Possession Of A Controlled Substance, Public Intoxication, Possession Of Drug Paraphernalia GRAND RIVER CENTER (500 Bell Street) Since the last renewal date there have been four calls for service to the establishment. Of those four calls there were no disturbances, no crimes against persons, no crimes against property and no public morals calls. Additionally, there were no individual violations and no violations against the business. 2 HILTON GARDEN INN / HOULIHAN RESTAURANT (1795 Greyhound Park Road) Since the last renewal date there have been five calls for service to the establishment. Of those five calls, there were no disturbances, one crime against persons, no crimes against property and no public morals calls. Additionally, there was one individual violation and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 11 -22107 Assault- sexual Assault NATIONAL MISSISSIPPI RIVER MUSEUM & AQUARIUM (500 Bell Street) Since the last renewal date there have been 14 calls for service to the establishment. Of those 14 calls there was one disturbance, one crime against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition Handled By Officer 10 -48428 Disturbance- verbal 11 -42559 Harassment- phone Handled By Officer PHILLIPS 66 / ARBY'S (10 South Main Street) Since the last renewal date there have been eight calls for service to the establishment. Of those eight calls there were no disturbances, one crime against persons, one crime against property, and no public morals calls. Additionally, there was one individual violation and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 10 -39948 Theft- gasoline Theft- 5t' Degree 11 -26618 Assault- domestic Offense Report Filed RED ROBIN AMERICA'S BURGER & SPIRITS (2775 Northwest Arterial) Since the last renewal date there have been seven calls for service to the establishment. Of those seven calls there were no disturbances, one crime against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition Handled By Officer 11 -26589 Harassment- in person WAL -MART SUPERCENTER #2004 (4200 Dodge Street) Since the last renewal date there have been 134 calls for service to the establishment. Of those 134 calls there were five disturbances, nine crimes against persons, 71 crimes against property, and three public morals calls. Additionally, there were 94 individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition Mail Out Sent 10 -45102 Theft 10 -47452 Theft- merchandise Theft- 5t" Degree (2) 10 -47631 Theft- merchandise Theft- 5tn Degree (2), Possession Of Alcohol 3 4 Under Age 21 (2), Interference With Official Acts, Carrying Concealed Weapons 10 -47798 Theft- for•ery/financial Offense Report Filed 10 -47833 Theft- merchandise Handled By Officer 10 -48146 Theft- merchandise Theft- 5th Degree 10 -48354 Theft- merchandise Theft- 5th Des ree 10 -48411 Theft- merchandise Theft- 5 Degree 10 -50092 Theft- merchandise Theft- 5th Degree 10 -50468 Theft- merchandise Theft- 5th Degree (2), Trespassing 10 -50597 Theft- forgery/financial Offense Report Filed 10 -50869 Theft- merchandise Theft- 5th Degree 10 -50986 Theft- forgery/financial Offense Report Filed 10 -52732 Harassment- in person Handled By Officer 10 -53352 Theft- merchandise Theft- 5th Degree (2) 10 -53422 Theft- merchandise Theft- 4th Degree 10 -53917 Theft- merchandise Offense Report Filed 10 -54846 Theft- merchandise Theft- 5111 Degree 10 -55251 Theft- merchandise Handled By Officer 10 -55585 Theft- merchandise Offense Report Filed 10 -55595 Theft- merchandise Offense Report Filed 10 -55796 Disturbance- verbal Aggressive Panhandling 10 -56013 Theft- merchandise Theft- 5th Degree 10 -56883 Theft- merchandise Theft- 5th Degree 10 -57385 Public morals- controlled substance Huffing, Possession Of Prescription Medication 10 -57979 Theft- merchandise Theft- 4th Degree (6), Harassment Of City Officials (3), Interference With Official Acts (3), Harassment- 1st Degree 10 -58004 Theft- merchandise Offense Report Filed 10 -58353 Assault- no injury Offense Report Filed 10 -58438 Theft- merchandise Theft- 4th Degree 10 -59077 Theft- merchandise Offense Report Filed 10 -59366 Theft- merchandise Theft- 3fd Degree 10 -60380 Criminal mischief- vehicle Offense Report Filed 10 -61398 Theft- merchandise Theft- 4th Degree 10 -61547 Theft- merchandise Theft- 3rd Degree 10 -61880 Theft- merchandise Theft- 5th Degree (2) 10 -62405 Theft- merchandise Theft- 4th Degree 10 -62487 Theft- merchandise Theft- 5th Degree 10 -62869 Theft- merchandise Theft- 5th Degree 10 -62906 Assault- sexual Harassment- 1st Degree 10 -63749 Theft- merchandise Complainant Cancelled 10 -64761 Theft- merchandise Theft- 5th Degree 11 -904 Theft- merchandise Theft- 5th Degree 11 -1528 Theft- merchandise Theft- 5th Degree 11 -3283 Theft- merchandise Theft- 2 "a Degree 11 -3785 Theft- merchandise Theft- 5th Degree 11 -5143 Theft- merchandise Offense Report Filed 11 -5342 Theft- merchandise Theft- Stn Degree 11 -6897 Theft- merchandise Theft- 4th De. ree (2) 11 -7563 Theft- merchandise Theft- 5 Degree (2) 4 11 -8254 Assault- no injury Disorder Conduct (2) 11 -8919 Theft- merchandise Theft- 3� Degree, Possession Of Heroine, Possession Of Drug Paraphernalia 11 -10559 Harassment- phone Handled By Officer 11 -12049 Theft- merchandise Theft- 5th Degree 11 -12055 Theft- merchandise Theft- 5th Degree (3) 11 -14548 Theft- merchandise Theft- 5th Degree 11 -14643 Theft- merchandise Offense Report Filed 11 -14847 Theft- merchandise Theft- 5t" Degree 11 -14862 Theft- merchandise Offense Report Filed 11 -15048 Theft- merchandise Theft- 5th Degree 11 -15177 Theft- merchandise Theft- 5t" Degree 11 -17005 Theft- merchandise Theft- 5t" Degree (2) 11 -17365 Theft- merchandise Theft- 5t" Degree 11 -17687 Theft- merchandise Public Intoxication, Providing False Information To Police 11 -17843 Theft- merchandise Theft- 5t" Degree 11 -18321 Theft- merchandise Theft- 3ro Degree, Interference With Official Acts Causing Injury, Interference With Official Acts 11 -18405 Theft- merchandise Theft- 5t" Degree 11 -18928 Theft- merchandise Theft- 5t" Degree 11 -19264 Theft- merchandise Theft- 5t" Degree (2) 11 -19299 Theft- merchandise Theft- 5t" Degree 11 -20005 Public morals- controlled substance Offense Report Filed 11 -20414 Disturbance- bomb threat Offense Report Filed 11 -20466 Theft- merchandise Theft- 5th Degree (3) 11 -23544 Theft- merchandise Theft- 5t" Degree 11 -25542 Harassment- telephone Handled By Officer 11 -27253 Disturbance- verbal Offense Report Filed 11 -27701 Assault- no injury Domestic Assault, Criminal Mischief- 5th Degree, Driving Under Suspension 11 -33151 Theft- merchandise Offense Report Filed 11 -33703 Public morals- indecent exposure Handled By Officer 11 -34262 Disturbance- verbal Handled By Officer 11 -34373 Disturbance- music /noise Handled By Officer 11 -34437 Burglary- vehicle Offense Report Filed 11 -36227 Theft- merchandise Theft- 5t" Degree (2) 11 -36645 Harassment- in person Handled By Officer 11 -37704 Theft- merchandise Handled By Officer 11 -39051 Criminal mischief Mail Out Sent 11 -40435 Theft- identity theft Handled By Officer 11 -45124 Theft- merchandise Offense Report Filed 11 -45137 Criminal mischief Handled By Officer 5 RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the annual liquor license for Crust Italian Kitchen & Bar, 299 Main Street; Family Mart, 3201 Central Avenue; Fat Tuesday's, 1121 University Avenue; Grand River Center, 500 Bell Street; Hilton Garden Inn / Houlihan Restaurant, 1795 Greyhound Park Road; National Mississippi River Museum & Aquarium, 350 E. 3rd Street; Phillips 66 / Arby's, 10 South Main Street; Red Robin America's Burger & Spirits, 2775 Northwest Arterial; and Wal- Mart Supercenter #2004, 4200 Dodge Street. ACTION REQUESTED Action requested is for City Council consideration to approve the liquor license renewal for Crust Italian Kitchen & Bar, 299 Main Street; Family Mart, 3201 Central Avenue; Fat Tuesday's, 1121 University Avenue; Grand River Center, 500 Bell Street; Hilton Garden Inn / Houlihan Restaurant, 1795 Greyhound Park Road; National Mississippi River Museum & Aquarium, 350 E. 3rd Street; Phillips 66 / Arby's, 10 South Main Street; Red Robin America's Burger & Spirits, 2775 Northwest Arterial; and Wal -Mart Supercenter #2004, 4200 Dodge Street. cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kevin Firnstahl, Acting City Clerk 6 RESOLUTION NO. 299 -11 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. The Twisted Pickle, LLC Platinum Hospitality Group Red Robin International, Inc. Dubuque Historical Society lbrico, Inc Crust LLC Dubuque Casino Hotel, LLC Wal -Mart Stores, Inc. Family Mart, Inc. Crust LLC CLASS "C" BEER /LIQUOR LICENSE The Twisted Pickle +(Sunday /Outdoor Sale) Grand River Center +(Sunday Sale) Red Robin Burger +(Sunday /Outdoor Sale) Nat'l Mississippi Rv Museum +(Sunday /Outdoor) Fat Tuesday's +(Sunday Sale) Crust Italian Kit. & Bar +(Sunday /Outdoor Sale Hilton Garden /Houlihan's(Sunday /Outdoor Sale) CLASS "B" WINE Wal -Mart Supercenter # 2004 Family Mart, Inc. Crust Italian Kitchen & Bar 1689 Elm St 500 Bell St 2775 N W Arterial 350 E 3rd St 1121 University 299 Main St 1795 Greyhound Pk 4200 Dodge St 3201 Central Av 299 Main St SPECIAL CLASS "C" LIQUOR LICENSE( 5 -DAY SPECIAL EVENT) Dubuque County Fine Arts Dubuque County Fine Arts +(Sunday /Outdoor Sale) 225 E. 10th St Riverview Center Riverview Center - Roshek Center 700 Locust St SPECIAL CLASS "C" LIQUOR LICENSE( 14 -DAY SPECIAL EVENT) Dubuque County Fine Arts Dubuque County Fine Arts +(Sunday /Outdoor Sale) 225 E. 10th St Attest: Passed, approved and adopted this 6th day of September, 2011 Kevin . Firns ahl Acting City Clerk Roy D. Buol Mayor W —O N N 0 T i U RESOLUTION NO. 300 -11 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. Family Mart, Inc Liberty Station, LLC Wal -Mart Store, Inc Attest: CLASS "C" BEER PERMIT Family Mart +(Sunday Sales) 3201 Central Av Phillips 66 /Arby's +(Sunday Sale) 10 S. Main St Wal -Mart Supercenter # 2004 +(Sunday Sale) 4200 Dodge St Passed, approved and adopted this 6th day of September, 2011 evin S. irns hl Acting City Clerk Roy D. Buol Mayor G) w —v N N