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
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All-America City
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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