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
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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'
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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