Alcohol Compliance_Hilton Garden Inn, Houlihan's RestaurantMasterpiece on the Mississippi
Dubuque
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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
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