Alcohol Comliance Settlement Agreement_Chopper's BarMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Chopper's
DATE: May 14, 2012
Dubuque
bierd
All- America City
1
2007
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Chopper's, 601 Rhomberg Avenue.
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 May 7, 2012
SUBJECT Settlement Agreement - Chopper's
Dubuque
had
All-America City
'I I'
2007
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Chopper's, 601 Rhomberg
Avenue
BACKGROUND
Chopper's has a liquor license for its establishment at 601 Rhomberg Avenue in the City of Dubuque On March 9, 2012 the
Dubuque Police Department did an alcohol compliance check at Chopper's and an employee 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
Chopper's has chosen to pay a $500 fine for a first violation and has submitted payment to the City Clerk's Office
RECOMMENDATION
The City Legal Department and the Police Department have reviewed the agreement and concur with the requirements
ACTION TO BE TAKEN
City Manager review, City Council approval, and Mayor Buol signature of the attached Acknowledgment /Settlement
Agreement
Prepared by
Mark Dalsing
cc
Crenna Brumwell
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Alcohol Compliance — 1st Violation
RE: Chopper's
601 Rhomberg Avenue
Dubuque, IA 52001
PJ's, LLC
601 Rhomberg Avenue
Dubuque, IA 52001
I, Lana LuGrain , on behalf of Chopper's, hereby knowingly and
voluntarily acknowledge that:
a) Chopper's received the Notice of Hearing regarding the above referenced
case.
b) Chopper's admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Chopper's waives a public hearing and submits to the statutory penalties
prescribed by law.
d) Chopper's 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.
Chopper's has a liquor license for 601 Rhomberg Avenue. Violation of the liquor license
occurred as follows:
Violation Date Violation Type Violation Number
March 9, 2012 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Chopper's 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 of Ordinances §4-
2B -16, Chopper's chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
RECEIVED
Duhucit,r PIA -
LA p) fi ret-(//e
Name — Please Print
/J./
Date
$ < e L f ', 4Vd/
Name — Please Print
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 Chopper's to the City
of Dubuque — Police Department.
PASSED AND APPROVED this 2lstday of May
Attest:
Kev irnstahl, ity Cler
,2012
17 Li
Roy D. B I, Mayor
RECEIVED
MAY • 7 2017 O.1 :30
ptibuque Police Department
Dubuque, IA