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Alcohol Compliance_Bluff Street Brew HausMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Bluff Street Brew Haus DATE: March 12, 2012 Dubuque bierd All-America City 1 2007 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Bluff Street Brew Haus, 372 Bluff Street. 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 M. Dalsing, Chief of Police THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi March 8, 2012 TO: Michael C. Van Milligen City Manager FR: Mark M. Da'sing Chief of Police RE: Settlement Agreement — Bluff Street Brew Haus INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Bluff Street Brew Haus. BACKGROUND Bluff Street Brew Haus has a liquor license for its establishment at 372 Bluff Street in the City of Dubuque. On December 13, 2011 the Dubuque Police Department did an alcohol compliance check at Bluff Street Brew Haus 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. Bluff Street Brew Haus has chosen a fourteen (14) day liquor license suspension and has submitted their signed agreement. CONCLUSION & RECOMMENDATION In accordance with Council directive, City staff has developed a penalty schedule for violators. Bluff Street Brew Haus 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: Bluff Street Brew Haus 372 Bluff Street Dubuque, IA 52001 Jerry Anderson 372 Bluff Street Dubuque, IA 52001 I , eLrtm \ - YJCA. r s eDn , on behalf of Bluff Street Brew Haus, hereby knoiiingly and voluntarily acknowledge that: a) Bluff Street Brew Haus received the Notice of Hearing regarding the above referenced case. b) Bluff Street Brew Haus admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Bluff Street Brew Haus waives a public hearing and submits to the statutory penalties prescribed by law. d) Bluff Street Brew Haus understands that this penalty 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. Bluff Street Brew Haus has a liquor license for 372 Bluff Street. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number December 13, 20122 Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Bluff Street Brew Haus 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, Bluff Street Brew Haus chooses the following penalty: ❑ Five hundred dollar ($500.00) fine Fourteen (14) day liquor license suspension The suspension of the liquor license must be served as follows: Thursday, March 15, 2012 through and including Friday, March 30, 2012 Total: Fourteen (14) days Bluff Street Brew Haus , Signature Nam4 — Please Print Jerry Anderson Date Signature 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 suspension of the liquor license be served as outlined. PASSED AND APPROVED this 19tItlay of March Attest: Kevi i nstahl, City Cler 0 L,i Roy D. By 5I, Mayor ,2012