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
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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
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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
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Roy D. Buff, Mayor
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