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Alcohol Compliance_Hilton Garden Inn, Houlihan's RestaurantMasterpiece on the Mississippi Dubuque Itiftd au- amedcaCity 1 f 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Hilton Garden Inn /Houlihan's Restaurant DATE: September 14, 2011 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Hilton Garden Inn /Houlihan's Restaurant. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic 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 DUBJJE MEMORANDUM Masterpiece on the Mississippi TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement - Hilton Garden Inn /Houlihan's Restaurant INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Hilton Garden Inn /Houlihan's Restaurant. BACKGROUND September 12, 2011 Hilton Garden Inn /Houlihan's Restaurant has a liquor license for its establishment located at 1795 Greyhound Park Drive in the City of Dubuque. On April 22, 2011, the Dubuque Police Department did an alcohol compliance check at Houlihan's Restaurant 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 Houlihan's Restaurant has chosen to pay a $500 fine for a first violation and has submitted payment to the City Clerk's Office. CONCLUSION & RECOMMENDATION In accordance with Council directive, City staff has developed a penalty schedule for violators. Houlihan's Restaurant 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: Hilton Garden Inn / Houlihan Restaurant 1795 Greyhound Park Drive Dubuque, IA 52001 Dubuque Casino Hotel, LLC 4100 Midway Road Carrollton, TX 75007 , on behalf of Hilton Garden Inn / Houlihan Restaurant, hereby knowingly and voluntarily acknowledge that: a) Hilton Garden Inn / Houlihan Restaurant received the Notice of Hearing regarding the above referenced case. b) Hilton Garden Inn / Houlihan Restaurant admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Hilton Garden Inn / Houlihan Restaurant waives a public hearing and submits to the statutory penalties prescribed by law. d) Hilton Garden Inn / Houlihan Restaurant 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. Hilton Garden Inn / Houlihan Restaurant has a liquor license for 1795 Greyhound Park Drive. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number April 22, 2011 Alcohol Violation 1St Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Hilton Garden Inn / Houlihan Restaurant 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, Hilton Garden Inn / Houlihan Restaurant chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Hilton Garden Inn / Houlihan Restaurant Signature Date Signature — 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 Hilton Garden Inn / Houlihan Restaurant to the City of Dubuque — City Clerk's Office. PASSED AND APPROVED this 19th day of September , 2011 . Attest: Kevi Firnsta Acting City Jerk LjYnn V. Sutton, Mayor Pro -Term n m