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Alcohol Compliance_Murph's South End TapMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Murph's South End Tap DATE: September 14, 2011 Dubuque keititi All- America City I'll! 2007 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Murph's South End Tap. 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 DUB E MEMORANDUM Masterpiece on the Mississippi September 12, 2011 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsi Chief of Police RE: Settlement Agreement — Murph's South End Tap INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Murph's South End Tap. BACKGROUND Murph's South End Tap has a liquor license for its establishment at 55 Locust Street in the City of Dubuque. On April 28, 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. Murph's South End Tap 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. Murph's South End Tap 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: Murphs South End Tap Pamela Murphy 55 Locust Street 55 Locust Street Dubuque, IA 52001 Dubuque, IA 52001 I, % "11 , on behalf of Murphs South End Tap, hereby knowingly and v u rily acknowledge that: a) Murphs South End Tap received the Notice of Hearing regarding the above referenced case. b) Murphs South End Tap admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Murphs South End Tap waives a public hearing and submits to the statutory penalties prescribed by law. d) Murphs South End Tap 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. Murphs South End Tap has a liquor license for 55 Locust. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number April 28, 2011 Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Murphs South End Tap 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 Ordinance §4- 2B -16, Murphs South End Tap chooses one of the following penalties: Five hundred dollar ($500.00) fine (A! ❑ Fourteen (14) day liquor license suspension `r' J rn -V N N) N jJ 0 Murphs South End Tap f ,i Signature RvvvQ_ 1 4 Name — Please Print Date A4 14 r/ob Signature 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 Murphs South End Tap to the City of Dubuque — City Clerk's Office. PASSED AND APPROVED this 19thday of September , 20 11 . L nn V. Sutton, Mayor Pro -Tem