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Alcohol Compliance Settlement Agreement_Salsa's Mexican RestaurantMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Salsa's Mexican Restaurant 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 Salsa's Mexican Restaurant, 1091 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 M. Dalsing, Chief of Police Masterpiece on the Mississippi TO Michael C Van Milligen, City Manager FROM Mark M Dalsing, Chief of Police DATE May14,2012 SUBJECT Settlement Agreement- Salsa's Mexican Restaurant Dubuque had All-America City 'I I' 2007 INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Salsa's Mexican Restaurant BACKGROUND Salsa's Mexican Restaurant has a liquor license for its establishment at 1091 Main Street in the City of Dubuque On February 21, 2012 the Dubuque Police Department did an alcohol compliance check at Salsa's Mexican Restaurant 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 Salsa's Mexican Restaurant has chosen to pay a $500 fine for a first violation and has submitted payment to the Dubuque Police Department 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: Salsa's Mexican Restaurant 1091 Main Street Dubuque, IA 52001 Salsa's, Inc. 1091. Main Street Dubuque, IA 52001 . 1, t 'i ca z-,- on behalf of Salsa's Mexican Restaurant, hereby knowingly and voluntarily.acknowledge that: • a) Salsa's Mexican Restaurant received the Notice of Hearing regarding the • above referenced case. b) Salsa's Mexican Restaurant admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. • . c) Salsa's Mexican Restaurant waives a public hearing and submits to the statutory penalties prescribed by law. d) Salsa's Mexican Restaurant 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. Salsa's Mexican Restaurant has a liquor license for 1091 Main Street. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number February 21, 2012 Alcohol Violation 1St Violation . Under the foregoing .Iowa Code and. City of Dubuque Code of Ordinances provisions, Salsa's Mexican Restaurant 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, Salsa's. Mexican Restaurant chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Salsa's Mexican Restaurant ignature Signature Name— Please Print Date 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 Salsa's Mexican Restaurant to the City of Dubuque — City Clerk's Office. PASSED AND APPROVED this 21s day of may , 2012 Roy D. 9'uol, Mayor Attest: