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Alcohol Compliance_Civil Penalty, Kalmes Breaktime Bar & GrillMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Kaimes Breaktime Bar and Grill DATE: November 1, 2011 Dubuque WWI All- AmedcaCity 2007 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Kaimes Breaktime Bar and Grill. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael 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 DU MEMORANDUM Masterpiece on the Mississippi October 17, 2011 TO: Michael C. Van Milligen City Manager FR: Mark M. Da!sing Chief of Police RE: Settlement Agreement — Kalmes Breaktime Bar and Grill INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Kalmes Breaktime Bar and Grill. BACKGROUND Kalmes Breaktime Bar and Grill Tap has a liquor license for its establishment at 1097 Jackson Street in the City of Dubuque. On February 13, 2011 the Dubuque Police Department cited a bar employee with providing alcohol after statutory operating hours. City Council has directed that staff work with license and permit holders to serve suspensions & penalties in a flexible way. Kalmes Breaktime Bar and Grill 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. Kalmes Breaktime Bar and Grill 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: Kalmes Breaktime Bar and Grill • Kalmes Brothers, L.L.C. 1097 Jackson Street 1097 Jackson Street Dubuque, IA 52001 Dubuque, IA 52001 1, C a// ,-a 644-e , on behalf of Kalmes Breaktime Bar and Grill, hereby knowingly and voluntarily acknowledge that: a) Kblmes Breaktime Bar and Grill received the Notice of Hearing regarding the above referenced case. b) Kalmes Breaktime Bar and Grill admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Kalmes Breaktime Bar and Grill waives a public hearing and submits to the statutory penalties prescribed by law. d) Kalmes Breaktime Bar and Grill 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. Kalmes Breaktime Bar and Grill has a liquor license for 1097 Jackson Street. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number February 13, 2011 Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Kalmes Breaktime Bar and Grill 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, Kalmes Breaktime Bar and Grill chooses one of the following penalties: a7< Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Kalmes Breaktime Bar and Grill Dallas Kalmes Signature Dallas Kalmes Name — Please Print 10-13-11 Date 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 Kalmes Breaktime Bar and Grill to the City of Dubuque — City Clerk's Office. PASSED AND APPROVED this 7th day of November Attest: Kevin it stahl, City Jerk ,20 -1 Roy D. Buff, Mayor 0 C-) -4 CA) w c.n LO 0 Fri )-l`j