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