Alcohol Compliance_Days Inn, Spirits Bar and GrillMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Days Inn /Spirits Bar & Grill
DATE: March 8, 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 Days Inn /Spirits Bar & Grill, 1111 Dodge 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. Dalsing
Chief of Police
RE: Settlement Agreement — Days Inn / Spirits Bar & Grill
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Days Inn • Spirits Bar & Grill.
BACKGROUND
Days Inn / Spirits Bar & Grill has a liquor license for its establishment at 1111 Dodge
Street in the City of Dubuque. On January 10, 2012 the Dubuque Police Department did
an alcohol compliance check at Days Inn • Spirits Bar & Grill 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. Days Inn • Spirits Bar & 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. Days Inn • Spirits Bar & 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: Days Inn / Spirits Bar & Grill RonSan Enterprises, Inc.
1111 Dodge Street 1111 Dodge Street
Dubuque, IA 52003 Dubuque, IA 52003
•
I, S, A1Di? A &) iv' , on behalf of Days Inn / Spirits Bar & Grill, hereby
knowingly and voluntarily acknowledge that:
a) Days Inn / Spirits Bar & Grill received the Notice of Hearing regarding the
above referenced case.
b) Days Inn / Spirits Bar & 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) Days Inn / Spirits Bar & Grill waives a public hearing and submits to the
statutory penalties prescribed by law.
d) Days Inn / Spirits Bar & 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.
Days Inn / Spirits Bar & Grill has a liquor license for 1111 Dodge Street. 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,
Days Inn / Spirits Bar & Grill is subject to the following:
0 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, Days Inn / Spirits Bar & Grill chooses one of the following penalties:
X Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Days Inn / Spirits Bar & Grill
Signature
54&1Di:/4 tJ, (o/02411)
Name — Please Print
Sandra Conrad
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 foregoing civil penalty has been remitted by Days Inn / Spirits Bar
& Grill to the City of Dubuque — City Clerk's Office.
PASSED AND APPROVED this 19th day of March
Attest:
Kevi F rnstahl, ty le
Roy D. Bilol, Mayor
,2012