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Alcohol Compliance Settlement Agreement_Bandana's Bar-B-QMasterpiece on the Mississippi TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Settlement Agreement - Bandana's Bar -B -Q September 27, 2011 Chief of Police Mark Dalsing is recommending approval of the Alcohol Settlement Agreement with Bandana's Bar -B -Q. I concur with the recommendation and respectfully request Mayor and approval. Dubuque Aft- Amedcacity 1 II If 2007 Compliance City Council Michfael 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 DuitJE MEMORANDUM Masterpiece on the Mississippi September 27, 2011 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement — Bandana's Bar -B -Q INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Bandana's Bar -B -Q. BACKGROUND Bandana's Bar -B -Q Tap has a liquor license for its establishment at 2035 John F. Kennedy Road in the City of Dubuque. On February 10, 2011 the Dubuque Police Department did an alcohol compliance check at Bandana's Bar -B -Q 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. Bandana's Bar -B -Q 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. Bandana's Bar -B -Q 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: Bandana's Bar -B -Q 2035 John F. Kennedy Road Dubuque, IA 52002 Bandana's Missouri, LLC 16141 Swingley Ridge Road Chesterfield, MO 63017 I, eK b04'`1 -c , on behalf of Bandana's Bar -B -Q, hereby knowingly and voluntarily acknowledge that: a) Bandana's Bar -B -Q received the Notice of Hearing regarding the above referenced case. b) Bandana's Bar -B -Q admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Bandana's Bar -B -Q waives a public hearing and submits to the statutory penalties prescribed by law. d) Bandana's Bar -B -Q 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. Bandana's Bar -B -Q has a liquor license for 2035 John F. Kennedy Road. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number February 10, 2011 Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Bandana's Bar -B -Q 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, Bandana's Bar -B -Q chooses one of the following penalties: r ; 67, ' rya rr} ❑ Five hundred dollar ($500.00) fine Pouri en (1e!) day liquor license suspension -1 Bandana's Bar -B -Q Signature Signature Name — Please Print Name — Please Print 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 Bandana's Bar -B -Q to the City of Dubuque — City Clerk's Office. PASSED AND APPROVED this 3rd day of October Roy D. Bu , Mayor Attest: oriPAr Ke in Firnstahl, ity Clerk ,20 11. CITY OF DUBUQUE 73 City Clerk's Office Daily Deposit F: \USERS\SWINTER \WPIFORMSIDEPOSIT DETAIL FORM Print Date: 08/26/2011 10:36 AM ' CITY CLERK'S OFFICE DAILY DEPOSIT SHEET DATE: PREPARED 08/26/2011 BY Credit Card CHECKS CASH TOTAL DEPOSIT AMOUNT: $ 500.00 $500.00 DIRECT DEPOSIT MANUAL RECEIPT: 10073100 10073100 10073100 10073100 42105 BUSINESS LICENSES 42110 CIGARETTE LICENSES 42115 BEER/LIQUOR COMB - LICENSE 42250 BEER LICENSE 10073100 42130 BICYCLE LICENSES 10073100 51955 OTHER RENTS /CONCESSIONS 10073100 51965 EVENTS REVENUE 10073100 51981 COPY SERVICE CHARGES 10073100 51982 CODIFICATION SALES 10073100 53208 SPECIAL EVENT DEPOSIT 10073100 53404 ADMIN. PENALTY 10073100 53605 MISCELLANEOUS REVENUE 10073100 53620 REIMBURSEMENT - GENERAL OTHER: Specify accounting and description 10017200 42330 ANIMAL IMPOUNDMENT FEES 10074700 51178 Credit Card Convenience Charges T E = APIftAio` !fa�s1Ieee�cP 10011700 53405 CIGARETTE PENALTY 10011700 j 53404 BEER/LIQUOR PENALTY 500.00 500.00 I I � f TOTAL j BANDANA'S 500.00 500.00 I j F: \USERS\SWINTER \WPIFORMSIDEPOSIT DETAIL FORM Print Date: 08/26/2011 10:36 AM BANDANAS MISSOURI, LLC Date Invoice Number Comment Amount Discount Amount Net Amount 48234 8/15/2011 081511 500.00 0.00 500.00 Check: 048234 8/23/2011 CITY OF DUBUQUE Check Total: 500.00 BANDANA'S MISSOURI, LLC DISBURSEMENT ACCOUNT 16141 SWINGLEY RIDGE ROAD, STE. 205 CHESTERFIELD, MO 63017 1636) 537 -8200 *FIVE HUNDRED AND XX / 100 PAY TO THE ORDER OF CITY OF DUBUQUE CITY CLERK'S OFFICE 50 WEST 13TH STREET DUBUQUE, IA 52001 4`40 nre ya:;., er x ru ^rm: v a,