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Alcohol Compliance Settlement_HuHot Mongolian GrillMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: HuHot Mongolian Grill; Alcohol Compliance Settlement DATE: February 13, 2012 Dubuque kittd All America City '1111' 2007 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance settlement between the City of Dubuque and HuHot Mongolian Grill. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mark Dalsing, Chief of Police THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi February 7, 2011 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: HuHot Mongolian Grill Alcohol Compliance Settlement INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and HuHot Mongolian Grill. BACKGROUND HuHot Mongolian Grill has a liquor license for its establishment located at 555 John F. Kennedy Road. On January 10, 2012 the Dubuque Police Department did an alcohol compliance check at the business and the employee sold alcohol to underage youth compliance monitors. HuHot Mongolian Grill has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. HuHot Mongolian Grill has chosen to pay a $500 fine for a first violation and has submitted payment to the City of Dubuque. CONCLUSION & RECOMMENDATION 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 AcknowledgmentiSettlement Agreement. cc: Crenna Brumwell ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Alcohol Compliance — 1st Violation RE: HuHot Mongolian Grill 555 J.F. Kennedy Road Dubuque, IA 52002 CCW, LLC 2242 S 156th Circle Omaha, NE 68130 1, L z.i%E 12) , on behalf of HuHot Mongolian Grill, hereby knowingly and voluntarily acknowledge that: a) HuHot Mongolian Grill received the Notice of Hearing regarding the above referenced case. b) HuHot Mongolian 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) HuHot Mongolian Grill waives a public hearing and submits to the statutory penalties prescribed by law. d) HuHot Mongolian 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. HuHot Mongolian Grill has a liquor license for 555 J.F. Kennedy Road. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number January 10, 2012 Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, HuHot Mongolian 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, HuHot Mongolian Grill chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension HuHot Mongolian Grill gnature Signature Lk} tj Name — Please Print Name — Please Print 0/27 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 HuHot Mongolian Grill to the City of Dubuque — City Clerk's Office. PASSED AND APPROVED this 20th day of February Attest: Kevi rnstahl, City Cle � "' ,2012