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Cooking' Something Up_Order Setting HearingMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Order Setting Hearing - Cookin' Something Up DATE: April 6, 2012 Dubuque bierd All-America City 1 2007 Pursuant to the request of Cookin' Something Up, Chief of Police Mark Dalsing recommends the City Council reschedule the April 2, 2012 Alcohol Compliance Hearing for Cookin' Something Up until June 4, 2012, due to a conflict for their legal representative. 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 M. Dalsing, Chief of Police Masterpiece on the Mississippi TO Michael C Van Milligen, City Manager FROM Mark M Dalsing, Chief of Police DATE April 6, 2012 SUBJECT Order Setting Hearing - Cookin' Something Up Dubuque had NI- America City 'I 1 1 I' 2007 INTRODUCTION This memo will detail the request for a public hearing by Cookin' Something Up BACKGROUND 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 DISCUSSION City Council has directed that staff work with license and permit holders to serve suspensions &penalties in a flexible way Cookin' Something Up was provided a penally schedule and originally indicated they would like to address City Council at a public hearing regarding their second civil violation on April 2, 2012 However, due to scheduling conflicts with their legal representation, Cookin' Something Up requested that the hearing be rescheduled The hearing is currently scheduled for Monday, June 4, 2012 RECOMMENDATION The City Legal Department and the Police Department have reviewed the violations and concur with the request for hearing ACTION TO BE TAKEN City Manager review, City Council approval, and Mayor Buol signature of the attached Notice and Order Setting Hearing Prepared by Mark Dalsing cc Crenna Brumwell In the Matter of: BEFORE THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Cookin Something Up 1640 John F. Kennedy Road Dubuque, IA 52002 NOTICE AND ORDER SETTING HEARING ON APPLICATION FOR DETERMINATION REGARDING ALCOHOL COMPLIANCE VIOLATION 2ND OFFENSE The Application for Determination regarding Alcohol Compliance Violation, 2nd Offense having been filed by the City Manager with the City Council to determine whether the alcohol licensee, Cookin Something Up, Inc., 1640 John F. Kennedy Road, Dubuque, Iowa, constitutes a second violation of City of Dubuque Code of Ordinances §4 -2A -3, and the City Council having determined that a hearing should be set on the Application and Notice thereof provided to the alcohol license holder. You are hereby notified that a hearing is set for Monday, June 4, 2012 at 6:30 p.m. at the Historic Federal Building, 2nd floor, 350 West 6th Street, Dubuque, Iowa, on the Application for Determination regarding Alcohol Compliance Violation, 2nd Offense, a copy of which is attached hereto. A copy of this Notice shall be posted on the building at 1640 John F. Kennedy Road and a copy shall be delivered personally to alcohol license holder. Dated this 16th day of April, 2012. Attest: • Kevin Fi nstahl, City CI -rk�' Ric es, Mayor Pro -Tern