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Alcohol Compliance_Instant ReplayMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Instant Replay DATE: September 14, 2011 Dubuque hitil All-America City 2007 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Instant Replay. I concur with the recommendation and respectfully request Mayor and City Council approval. Mice 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 TE MEMORANDUM Masterpiece on the Mississippi September 13, 2011 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsirliy Chief of Police RE: Settlement Agreement — Instant Replay INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Instant Replay. BACKGROUND Instant Replay has a liquor license for its establishment at 1602 Central Avenue in the City of Dubuque. On April 22, 2011 the Dubuque Police Department did an alcohol compliance check at Casey's 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. Instant Replay 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. Instant Replay 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: Instant Replay 1602 Central Avenue Dubuque, IA 52001 • Pamela Arensdorf • 1602 Central Avenue • Dubuque, IA 52001 , tv,i7 /2 1 0i ni voluntarily acknowledge at: , on behalf of Instant Replay, hereby knowingly and a) Instant Replay received the Notice of Hearing regarding the above referenced case. b) Instant Replay admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Instant Replay waives a public hearing and submits to the statutory penalties prescribed by law. d) Instant Replay 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. Instant Replay has a liquor license for 1602 Central Avenue. 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, Instant Replay 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, Instant Replay chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Instant Replay Signature Signature Rct yr) r e_11,5(-1 r-F Name - Please Print Name - Please Print 9-1c;),--11 Date 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 Instant Replay to the City of Dubuque — City Clerk's Office. PASSED AND APPROVED thisl9th day of September , 20 11 . Attest: /// V/fnn V. Sutton, Mayor Pro -Tem cn rn m w iTI