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: