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Alcohol Compliance Violation_Adobo's Mexican GrillMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Adobo's Mexican Grill DATE: April 6, 2012 Dubuque bierd All-America City 1 2007 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Adobo's Mexican Grill, 756 Main Street. 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 THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi April 6, 2012 TO: Michael C. Van Milligen City Manager FR: Mark M. Da'sing Chief of Police RE: Settlement Agreement — Adobo's Mexican Grill INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Adobo's Mexican Grill BACKGROUND Adobo's Mexican Grill has a liquor license for its establishment at 756 Main Street in the City of Dubuque. On February 9, 2012 the Dubuque Police Department did an alcohol compliance check at Adobo's Mexican 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. Adobo's Mexican Grill has chosen to pay a $500 fine for a first violation and has submitted payment to the City Clerk's Office. CONCLUSION & RECOMMENDATION 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: Adobo's Mexican Grill 756 Main Street Dubuque, IA 52001 J &A Restaurants, LLC 756 Main Street Dubuque, IA 52001 I,j a', CZ--)70 (0 ?Ca►v , on behalf of Adobo's Mexican Grill, hereby knowingly and voluntarily acknowledge that: a) Adobo's Mexican Grill received the Notice of Hearing regarding the above referenced case. b) Adobo's Mexican 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) Adobo's Mexican Grill waives a public hearing and submits to the statutory penalties prescribed by law. d) Adobo's Mexican 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. Adobo's Mexican Grill has a liquor license for 756 Main Street. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number February 9, 2012 Alcohol Violation 1St Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Adobo's Mexican Grill 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 2B -16, Adobo's Mexican Grill chooses one of the following penalties: d Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension C) N C C_'' r 73 rn of Oairadnce ,§4- O sa CD t) 0 Adobo's Mexican Grill Ja.,,"A_t Signature Go et; e_aY c a'l Inc Go l o P4v Signature Name — Please Print Name — Please Print oq- o ^ Date 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 Adobo's Mexican Grill to the City of Dubuque — City Clerk's Office. PASSED AND APPROVED this 16th day of April , 2012 Attest: Key" Firnstahl, City Cler Ric W. Jones, Mayor Pro -Tem