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Alcohol Compliance Hearing Continuance for Cookin' Something UpMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Liquor License Compliance Hearing - Cookin' Something Up DATE: March 28, 2012 Dubuque bierd All-America City 1 2007 Cookin' Something Up requested a hearing before City Council to contest the compliance violation, which was accepted by City Council at the March 19, 2012 City Council meeting. The hearing is currently scheduled for the April 2, 2012 City Council meeting. Due to scheduling conflicts with their legal representation, Cookin' Something Up is requesting that the hearing be rescheduled until at least May 21, 2012. Chief of Police Mark Dalsing and Assistant City Attorney Crenna Brumwell have reviewed the request and concur with the request to remove the hearing for Cookin' Something Up from the City Council Agenda on April 2, 2012, to be rescheduled at a later date, pending witness and legal representation availability. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mark Dalsing, Chief of Police Crenna Brumwell, Assistant City Attorney Masterpiece on the Mississippi TO Michael C Van Milligen, City Manager FROM Mark Dalsing, Chief of Police DATE March 28, 2012 SUBJECT Liquor License Compliance Hearing - Cookin' Something Up Dubuque had NI- America City 'I 1 1 I' 2007 INTRODUCTION Cookin Something Up has a liquor license for its establishment at 1640 JFK Road in the City of Dubuque On August 25, 2010 and December 9,2011 the Dubuque Police Department did alcohol compliance checks at Cookin Something Up and employees sold alcohol to underage youth compliance monitors BACKGROUND Cookin Something Up requested a hearing before City Council to contest the compliance violation, which was accepted by City Council at the March 19, 2012 City Council meeting The hearing is currently scheduled forthe April 2, 2012 City Council meeting DISCUSSION Due to scheduling conflicts with their legal representation, Cookin Something Up is requesting that the hearing be rescheduled until at least May 21, 2012 RECOMMENDATION The City Legal Department and the Police Department have reviewed the request and concur with the request to remove the hearing for Cookin Something Up from the Cay Council Agenda on April2,2012 , to be rescheduled at a later date, pending witness and legal representation availability ACTION TO BE TAKEN City Manager Review, City Council and Mayor Buol approval of removing the hearing for Cookin' Something Up from the City Council Agenda on April 2, 2012 Prepared by Mark Dalsing THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ. ASSISTANT CITY ATTORNEY To: Michael C. Van Milliken City Manager DATE: March 27, 2012 RE: Liquor License Compliance Hearing — Cookin' Something Up Background Cookin' Something Up is contesting the civil violation for which the business has been cited for the sale of alcohol to a minor. The hearing is currently scheduled for the April 2, 2012 City Council meeting. Tom Goodman, on behalf of Cookin' Something Up, has submitted the attached request asking that the hearing be rescheduled until at least May 21, 2012. Upon receipt of the request I conferred with Police Chief Mark Dalsing. Chief Dalsing has no objection to granting the request for a new hearing date so long as there is sufficient notice to arrange for the appearance of witnesses at the rescheduled hearing. I have requested Mr. Goodman provide three (3) to four (4) dates which will work for his and the business' schedule. Additionally, my office is checking with the Police Department to determine witness availability. Once availability is determined, I along with the Police Department, will ask for a new hearing date in front of the City Council. Requested Action Please remove the hearing for Cookin' Something Up from the City Council agenda on April 2, 2012. Attachment cc: Mark Dalsing, Chief of Police Kevin Firnstahl, City Clerk OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL cbrumwel @cityofdubuque.org Jennifer Griffin - Cookin Something Up April 2 Page 1 of 1 From: To: Date: Subject: Attachments: Tom Goodman <tgoodmanj @aim.com> <kfirnsta @cityofdubuque.org >, <Cbrumwel @cityofdubuque.org> 3/26/2012 4:29 PM Cookin Something Up April 2 Cookin _Something_Up_continuance. docx Mr. Firnstahl: Attached please find my request to have the matter of the alleged liquor license violations regarding Cookin' Something Up on April 2, 2012, postponed until May 21, 2012. Thank you. Tom Goodman file: / /C:\Documents and Settings \jgriffm\Local Settings\ Temp\ XPgrpwise \4F717538DBQ_DODBQ_PO10017... 3/27/2012 Thomas J. Goodman Attorney At Law 3559 Copper Field Ct. Dubuque, Iowa 52002 -2842 (563)599 -9465 tgoodmanj(aim.com March 26, 2012 Michael Van Milligan City Manager Kevin Firnstahl City Clerk City Hall Dubuque, Iowa 52001 Re: Cookin' Something Up Dear Mr. Van Milligan and Mr. Firnstahl: I am writing this at the suggestion of Attorney Crenna Brumwell of the City Attorney's Office to request a postponement of the appearance of Cookin' Something Up before the City Council on April 2, 2012 regarding alleged liquor license violations. I have been assisting the owner, Doris Gorius, with this matter, and she requests my appearance with her before the Council. I am teaching a class at Loras College on the evening of April 2, 2012, and will not be able to attend as a result. I am also unable to attend the next two meetings due to running The Boston Marathon on April 16, 2012, and attending my daughter's graduation at Auburn University on May 6, 2012, and travelling home on May 7, 2012. Accordingly we would request that this matter be postponed or tabled until May 21, 2012. We were prepared to go forward on March 5, 2012, the date for which we were originally given notice, but the City Attorney's Office did not get the matter on the agenda and requested the move to April 2, 2012. I trust that this request will not pose a problem, and I look forward to addressing the Council with our concerns on May 21, 2012. Thank you for your time and consideration in this matter. Sincerely, Thomas J. Goodman Attorney at Law