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
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❑ 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
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