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Bricktown Liquor Lic. Renewal (Cooper Mgmt) 5~~~E ~~~ MEMORANDUM June 6, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bricktown Police Chief Kim Wadding and I met today with Greg Prem and Scott Neuwoehner, owners of Bricktown, to discuss the City staff recommendation for a six-month liquor license renewal as opposed to the standard 12-month renewal. Chief Wadding and I believe that Mr. Neuwoehner and Mr. Prehm are sincerely committed to improving their compliance at Bricktown over the next year. I respectfully request that Bricktown be issued the standard 12-month liquor license. (ll4/(:f?1c ~ Michael C. Van Milligen - MCVM/ksf cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager .-i -., (u ,'j !] ) I ) ~1' .. I .,_~:7 ~B~ ~t/k.~ MEMORANDUM r--- '- ) June 1, 2005 ~.' -..,~ ; i TO: The Honorable Mayor and City Council Members ,--\ l ' 'M1 FROM: Michael C. Van Milligen, City Manager SUBJECT: Bricktown Liquor License Renewal As you consider the renewal of the Bricktown Liquor License, Chief of Police Kim Wadding has provided information about the 155 calls for service at this facility, excluding the 26 tavern inspections, between June 1,2004 and May 25,2005. These 155 calls for service included 15 disturbance calls and 14 public morals calls, which includes intoxicated persons and public urination. There were 99 criminal charges filed, including 33 public intoxications, 32 with persons being in the establishment underage after 9:00 p.m., 26 possession of alcohol while under the legal age, seven disorderly conducts and one assault with a dangerous weapon. Chief Wadding is not recommending any punitive action at this time, however, he is recommending that Bricktown be issued only a six-month license renewal, so the City does not need to wait 12 months before a review of their license is required before the City Council. I respectfully request that Bricktown be issued a six-month liquor license renewal. jl1J(~jl!l Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kim B. Wadding, Chief of Police i5U~~E ~<k~ MEMORANDUM Date: June 1, 2005 To: Michael C. Van Milligen City Manager From: Kim B. Wadding Police Chief Re: Bricktown - Liquor License Renewal INTRODUCTION The purpose of the memorandum is to update the police calls for service regarding Bricktown, 299 Main Street, and to explore consideration of issuing a six-month liquor license. BACKGROUND The police department continues to experience a number of calls for service related to the operation of Bricktown 299 Main Street in comparison to other liquor establishments in the community. The following is a brief comparison summary from June 1, 2004 to May 25, 2005. Bricktown 155 15 14 Pia ers 79 22 5 Busted Lift 48 6 5 Bodines* 48 8 5 Knickers 42 9 3 Lux Club 30 12 0 Jumpers 20 2 0 Fat Tuesda 's 10 3 1 *Bodines - No longer in business as of May 5, 2005 For the past three years, the police department has met with owners, Scott A. Neuwoehner and Greg A. Prehn regarding the ongoing concerns. In those meetings, Scott Neuwoehner and Greg Prehn have stressed their willingness to work to reduce the incidents of concern. DISCUSSION For the period June 1,2004 to May 25,2005 Bricktown had 155 calls for service (CFS). Of those calls requiring the response of two or more police officers, there were 15 disturbances and 14 public morals (intoxicated persons/public urination and possession of a controlled substance). There were 99 criminal charges filed, including 33 public intoxications, 32 with persons being in the establishment after 9:00 P.M., 26 possession of alcohol while under the legal age, seven disorderly conducts, and one with assault with a dangerous weapon. Currently, there are three pending municipal infractions for Cooper Management (Bricktown) regarding allowing persons under the legal age to remain in the establishment after 9:00 P.M. issued February 2, February 17 and March 31,2005. Additionally one citation has been issued to an employee for selling or dispensing alcoholic beverages after closing issued March 31,2005. RECOMMENDATION In reviewing this information I contacted Judy Sieb, Iowa Alcoholic and Beverages Division 1918 S.E. Hulsizer Road, Ankeny, Iowa, regarding options available to heighten awareness. To enhance an ongoing review process, an option available is to issue the liquor license for a shorter duration than one year. Liquor licenses are issued in increments of 5-day, 14-day, six months, eight months and one-year (annual). The annual liquor license is the only license that is renewable; all others go through the original application process. There is no additional cost or penalty to the business for the different license periods. With this type of option available, we recommend Cooper Management (Bricktown) for a six-month liquor license. The six-month liquor license creates an additional time for City Council review to assess the type and frequency of future calls for service. ACTION REQUESTED For City Council consideration to issue a six-month liquor license to Cooper Management (Bricktown) to allow an additional time for City Council review of the type and frequency of future calls for service. Cc: Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk DUBUQUE POLICE DEPARTMENT LIQUOR ESTABLISHMENT INSPECTION CASE #: TIME: ~ DATE Establishment: '.. ~ ~ PURPOSE OF INSPECTION ~~:" ~ ~ ~ Roufine/Yearly ~ _ Licensee: Disturbance-1..!i..... Address: () l1 - ~ Report of Underage Persons _ Full Inspection --3:- Assist Other Agency Other (explain in narrative) . DPD # - License #: Issue Date: Expiration Date: Bartender: DOB: Address: ~ / Individual y/ 123.46 ~ 5-7.2-a 5-7.2-a 123.47 123.49-3 723.4 Business 123.49-1 123.47-a 5-7.2-c 123.49-2-d 5-9 --;/' ~ :; / Officer: Chief of Police: /-t 311bv I 6--5-'tJS- FIRE CODE Exit Signs Visible? Obstructions in Exits ? Within Occupancy Load? -X- ~E: 13 E L. c...J Referral Filed Y N Y N Y N CHECK VIOLA TlONS THA T APPL Y Public Intoxication Person Under Age 21 in Bar After 9 P.M. (18-20 yrs old) Person Under Age 21 in Bar After 9 P.M. (under age 18) Underage Possession of Alcohol Misrepresent Age When Purchasing Alcohol rrJ{"t(l.$Etz6 Disorderly Conduct.. q~ A-~~R. ~/1-~ v-eClI,.'H"8'"c'.)~ r Serving Intoxicated Person Serving Persons Under Age 21 Allow Person Under Age 21 in Bar After 9 P.M. Liquor in Container Other Than Original Violation of Buffet Drinking Ordinance NO VIOLATIONS OBSERVED # OF VIOLATIONS ?~ 32 z.~ "Z. ] I Business Total: Date: Supervisor: 5~!oS ( NARRATIVE: ( Explain reason(s) for inspection, Violations observed, List all expired permits) J J I . f r-" 1\0 HI. 0'" 0 , 0 t/ "-0 '(YS / d'S / 0<; t-.J f I-I^v~ fH'Ar> TO 2. '1 ~N ~)rTZEl'r r ' 5'- A ~'SA.YLl S t...~u. '> _ . - ~<J'.ir1''',)OS A lAI2Nt5 o~ <, . - A-r'lA8i../'4ftI{J <.Jl../'L.s IS. - i)n/ru/Zc3(tN~:; lNJ.1" -j(4.f"':a:c P~ct3iEM~ l:"()UJ _ hIir~. c.i E..(l..t;'<t"t.E" l,4-1t~ _ -- S"'~~r.;...6 PE(2jCJ~(lli.-t'"; N- (JJljiOc.. I"tCflIji..5 rAJttr{J~";fS 4i.l5 2.lo -- ~S(: ;;r,..JsPc~:f7c.~r" - CI1i:rNLh A~lvNsr PA:P€-/'2~J Cft~5 License Renewal Recommendation: 0 YES 0 NO (lfNO,explain) ~ AaAf:;t.p VV\..~R. Date: I z. GJ 1/,; I l: p.s cy<r ~ ~ 6 'd.. rrvr: ~ ~ TfJ B I ~ lNteI:L ..' II ALCOHOLIC BEVERAGES DIVISION State of Iowa 11111111111111111111111111111111111111111111111111111111I111II111 .. 1111111111111111111111111111111111111111111111111111111 Instructions for completing the Application: 1. Review preprinted information. If information has changed, please make corrections directly on Application, 2. Answer all other questions contained in the Application, 3. Attach Dram if applicable. o Sunday Sales Privilege o Catering Privilege (12 month Class B or C liquor licenses only) o Outdoor Service o Brew Pub Privilege (on-premise brewing) License Number: LC0031962 License Expiration: 6/5/2005 Corporate ill Number: 247474 1 Privilel!es: (check all applicable boxes) The additional privileges listed below expire with the license. Check all items you are requesting upon renewal. Fee Paid To: Alcoholic Beverages Division: Local Authority: $ 201 g. r;f) $ Name of Applicant: Cooper Management Company, LLC., Limited Liability Company Name of Business: Stonewall Lounge, Bricktown Brewery, Blackwater Grill, The Underground Address of Premise: 299 Main St Dubuque 52001 Business Phone: 563-582-0608 County: Dubuque Mailing Address: PO Box 3038 Dubuque IA 52001 You must show 100% ownership of the business. Failure to list all interested parties is unlawful and constitutes grounds for denial or revocation of the license. (Attach additional sheets if necessary). Sole proprietors shall include current spousal information. Publicly traded corporations should list all officers, directors and shareholders with 10% or more interest in the corporation. Name & Title Social Complete Address Percent of Scott A Neuwoehnen, Owner Greg A Prehn, Owner 485-08-] 909 483-86-134 ] 475 Valeria Dubuque IA 5200] 1063 Melrose Terrace Dubuque fA 5200] 50.00 50.00 100% Iowa Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021 515.281.7430 866.IowaABD (866.469.2223) www.lowaABD.com Page 2 List all arrests, indictments, summonses, convictions, deferred judgments for ALL violations of any state, county, city, federal or foreign government for all persons listed in section 3 since the license was last issued. However, owners, officers, directors, partners, limited partners and anyone else listed in section 3 since the license was last issued, shall include their full criminal history. All information shall be reported regardless of the disposition, even if dismissed or expunged. Attach a copy of the Court Disposition for each violation listed. Include any pending charges. DO NOT include traffic violations, except those which are alcohol-related. (Attach additional sheets, ifnecessary.) If no arrests, indictments, summonses or convictions are applicable, be sure to write "NONE". Failure to provide an answer will delay the processing of the renewal application. Name & Title Date of Arrest Charge Disposition of the Court Location of Court (County, State, Federal) Citizenship Lost? ' (yes/no) The Application shall be signed by a person listed in section 3. Stamped signatures are not acceptable. APPLICANT I hereby declare that the information contained in the Application and accompanying documents is true and correct. I understand that misrepresentation of a material fact is a serious misdemeanor and grounds for denial or revocation of the license. I further understand that, as a condition of receiving a license, the licensed premise is subject to inspection during business hours by appropriate local, state and federal officials. Applicant's Signature Date Print Applicant's Name This document is subject to Iowa's Open Record law. Information contained in the Application may be disclosed without prior notice to, or permission from, the Applicant. See Iowa Code chs. 22 and 123. See also 185 Iowa Administrative Code, ch. 18. I hereby certify the Application was submitted to: on Name of City Councilor County Board of Supervisors Date And after conducting pertinent background investigations of the applicant and proposed licensed premises, it is recommended that It is further recommended that the Outdoor Service Area (if applicable) be: o Approved o Approved o Denied* the Application be: o Denied* ( } Signature of Local Official Daytime Phone *Ifthe Application is denied, attach a separate sheet identifYing the specific reasons for deniaL RESOLUTION NO. 05 Whereas, an application for a Liquor License had been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicant were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicant a Liquor License. CLASS "C" BEER/LIQUOR LICENSE (Six Months License) Cooper Management LLC Stonewall Lounge/Bricktown + (Sunday Sales) 299 Main Street Passed, approved and adopted this 6th day of June, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC City Clerk RESOLUTION NO. 267-05 Whereas, an application for a Liquor License had been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicant were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicant a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Cooper Management LLC Stonewall Lounge/Bricktown + (Sunday Sales) 299 Main Street Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Te, Attest: Karen M. Chesterman, Deputy City Clerk