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
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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
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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