Cooper Mgmt Co - Bricktown, Liquor Outdoor Service App
DU'B~E
~~~
MEMORANDUM
September 1, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Cooper Management Company, LLC (Bricktown) Outdoor Service
Application
Chief of Police Kim Wadding is providing an update on the police calls for service and
police action regarding Cooper Management Company, LLC (Stonewall Lounge,
Bricktown Brewery, Blackwater Grill and the Underground).
Although measured over a short duration, the August calls for service and the Cooper
Management proposals are showing encouraging improvement. With the colleges back
in session, Chief of Police Kim Wadding recommends that the decision for outdoor
service be tabled until October 3, 2005, to allow sufficient time to evaluate the
improvements.
Assistant City Manager Cindy Steinhauser has provided some information in response
to an August 1, 2005, letter from the president of Bricktown Brewery, Scott
Neuwoehner.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/i, .i{. .1/ /} ~f
r:J Iv G(lll: t~
Mic ael C. Van Mllhgen
MCVM/jh
Attachments
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
l. ~ i
D~~~E
~~~
MEMORANDUM
Date: August 31,2005
To: Michael C. Van Milligen
City Manager
From: Kim B. Wadding
Police Chief
Re: Cooper Management Company, LLC (Bricktown) Outdoor Service Application
INTRODUCTION
The purpose of the memorandum is to update the police calls for service (CFS) and
police action regarding Cooper Management Company, LLC (Stonewall Lounge,
Bricktown Brewery, Blackwater Grill and the Underground) located at 299 Main Street.
BACKGROUND
On August 1, 2005, the City Council tabled the outdoor service application for Cooper
Management Company, LLC (Bricktown) to allow sufficient time for Cooper
Management Company to implement written corrective proposals to reduce ongoing
alcohol concerns related to underage drinking, management supervision, accountability
in dispensing of alcoholic drinks, and staff training improvement.
DISCUSSION
With regard to three pending municipal infractions for allowing persons under the legal
age to remain in the establishment after 9:00 P.M. issued to Cooper Management, LLC,
February 2, February 17, and March 31,2005, Cooper Management pled guilty to the
first and second offense with the third dismissed with court costs. Cooper Management
received a fine of $850 for first and second offense and was assessed $50 court costs
for the third.
Regarding the March 31,2005 citation issued to one of the Cooper Management, LLC
managers for supplying alcohol after hours, District Associate Judge Richard R.
Gleason issued an Order regarding a suppression hearing held on July 25, 2005 and
found any evidence gathered after the police officer entered into Bricktown on that night
is suppressed and shall not be introduced during the State's case. The matter is set for
final pretrial conference September 1, 2005. Trial is set for September 12, 2005.
Due to the suppression of evidence, the Dubuque County Attorney's Office is reviewing
the case to see how they are going to proceed.
Other pending citations and arrests concerning Cooper Management employees include
the events of July 7, 2005 where police investigated a concern regarding employees
serving alcohol after hours. As a result, two bar managers and a bartender were cited
for making alcohol available after 2:00 A.M. and a bartender and an owner were
arrested for public intoxication. Those charges are pending with a pre-trial hearing date
set for September 15, 2005.
For the period of August 1 to August 30,2005, there were twelve (12) calls for service
(CFS) consisting of one parking complaint, five extra attentions, two theft complaints,
one warrant service, two traffic concerns and one public morals (possession of alcohol
under the legal age). The possession of alcohol under the legal age involved a 19-year
old showing a false identification.
On August 19, 2005, Cooper Management staff Scott Neuwoehner, Greg Prehm, and
manager Russ Boffeli met with me and four other officers at the first quarterly meeting
to discuss and review the activity and the Cooper Management action plan introduced
by Scott Neuwoehner. A review of the June, July, and August calls for service was
conducted. Cooper Management reported they have installed one of two identification
checkers with the second on order. The identification checker is used in cases where
the ID checker is unsure if the person is of legal age.
According to Scott Neuwoehner, Cooper Management has established a building
manager who is available from three to four in the afternoon until close. This person is
responsible for the operations of the facility and is the contact person for law
enforcement. Scott Neuwoehner reports all the Cooper Management managers are
TIPS (Training for Intervention ProcedureS) certified. Due to the turnover of bartenders,
many of these employees are not certified. Scott Neuwoehner is interested in having
one of his own managers trained as a TIPS trainer, but other than his initial contact with
Dave Hockenberry of the Grand Harbor Resort, no further discussion has taken place.
The TIPS website was shared with Scott Neuwoehner to learn of upcoming training
opportunities.
Greg Prehm shared with the group that during the first part of July Bricktown went to a
21 and over facility after 10:00 p.m. The ID checkers begin checking identifications at
approximately 8:45 p.m. in an attempt to have anyone under 21 out of the facility by
10:00 p.m. Other initiatives introduced by Cooper Management was their POS/BERG
system where each mixed drink is machine regulated to prevent over pouring with the
system turning off no later than 1 :45 a.m. This does not apply to tap or bottled beer.
Regarding limiting the number of events and specials, Scott Neuwoehner reported due
to the lack of business they intend not to reduce but to slightly increase their advertising
for drink specials and special events. None of these specials will be directed towards
underage patrons. At the close of the meeting, a second review meeting was scheduled
for October 11, 2005 at 3:00 p.m.
RECOMMENDATION
Although measured over a short duration, the August calls for service and the Cooper
Management proposals are showing encouraging improvement. With the colleges back
in session, we would recommend the decision for outdoor service be tabled until
October 3, 2005 to allow sufficient time to evaluate the improvements.
ACTION REQUESTED
Action requested is for City Council consideration to table the application for outdoor
service until October 3, 2005 to allow additional time to assess and evaluate Cooper
Management's action plan.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
5U~~E
~YN-~
MEMORANDUM
August 31,2005
FROM:
Michael C. Van Milligen, City Manager " Mil!
Cindy Steinhauser, Assistant City Manage(p
TO:
SUBJECT: Bricktown Sidewalk Cafe
Introduction
The purpose of this memorandum is to provide information regarding the proposed
outdoor cafe for Bricktown Brewery.
Discussion
Attached is the August 1, 2005 letter from Scott Neuwoehner, President of Bricktown
Brewery raising a number of concerns regarding the proposed outdoor cafe for
Bricktown Brewery located at 3rd & Main Streets. Specifically Mr. Neuwoehner claimed
that they "submitted an application several weeks ago to get the ball rolling, our outdoor
cafe portion was approved but conveniently our liquor license request was left off the
council agenda at that time." I would like to clarify this statement.
In May 2005, representatives of Bricktown contacted city staff regarding the location of
an outdoor cafe adjacent to the Bricktown restaurant on 3rd & Main Streets. As is the
process with all outdoor cafe requests, an application form was sent to the Bricktown
representatives. Mr. Neuwoehner also spoke with Permit Clerk Sue Winter regarding
the application for an outdoor extension of a liquor license that would be required to
serve alcohol at the outdoor cafe. Mr. Neuwoehner was told that this extension would
need to be approved by City Council prior to sending to the State of Iowa for approval
and processing. In addition, city staff including representatives from the Health,
Engineering, Human Rights and City Managers office met with Bricktown Manager
Tammy Thomas and subsequently Scott Neuwoehner in June regarding the proposed
layout for the cafe. As a result of our meetings, the attached layout for the sidewalk cafe
was tentatively approved.
This alternate layout as suggested by Mr. Neuwoehner, required the removal of two
private streetlights in order to maintain the minimum 4' right of way travel path on the
sidewalk recommended for pubic rights of way. Mr. Neuwoehner was informed that as
part of the removal of the streetlights and prior to the issuance of the sidewalk cafe
permit, the impacted sidewalk would need to be replaced with a matching hard surface.
The streetlights that were removed were located on the red colored concrete portion of
the sidewalk. Mr. Neuwoehner agreed to this condition.
In July I received a call from Mr. Neuwoehner regarding the outdoor liquor license
application. During the course of our conversation, Mr. Neuwoehner indicated that "they
probably screwed up on their end" regarding the liquor license application and did not
have it submitted on time for the required City Council approval at their July 18, 2005
meeting. I asked Mr. Neuwoehner if he had the necessary paperwork to which he
indicated that yes they had the paperwork but he didn't get it in on time. I indicated to
Mr. Neuwoehner that the outdoor cafe is tentatively approved and as soon as he
repaired the damaged sidewalk, he could install and operate the cafe but he could just
not serve liquor outdoors. Mr. Neuwoehner indicated that while that might be O.k. for
the lunch hour crowd that would not work for the dinner crowd. He then asked what it
would take to get City Council approval. I shared with him that the next City Council
meeting was August 1. Mr. Neuwoehner had concerns about waiting two more weeks
for approval and asked what would be needed to hold a special City Council meeting. I
told him that only the Mayor can call a special meeting but I would confirm that with
Corporation Counsel Barry Lindahl and call him back. The following morning I left a
message for Mr. Neuwoehner indicating that he would need to contact the Mayor to
request a special meeting. I did not receive any additional phone calls from Mr.
Neuwoehner regarding this matter.
Also attached is a letter that was sent to Mr. Neuwoehner on August 11, 2005 from City
Engineer Gus Psihoyos concerning the sidewalk repairs needed. I believe it is important
to reiterate that the outdoor cafe for Bricktown is tentatively approved and as soon as
the damaged sidewalk is repaired, the cafe could be operational but just not serve liquor
outdoors.
Action
This memorandum is provided for your information.
Cc: Gus Psihoyos, City Engineer
Mary Rose Corrigan, Public Health Specialist
Sue Winter, Permit Clerk
/.
-- .
August I, 2005
TO: The Honorable Mayor and City Council Members
FROM: Scott A. Neuwoehner, President Bricktown Brewery
SUBJECT: Bricktown request for liquor license for newly created outdoor eating area.
This letter is in regard to the memo you received dated July 27, 2005 from Michael C.
Van Milligan in which Chief Wadding and Mr. Van Milligan are asking that our request
for a liquor license extension to our outdoor cafe be tabled until the September 6, 2005
council meeting. Unfortunately, I will not be able to attend tonight's meeting and since
the chance that this will not be tabled and approved is slim given the recommendations, I
am requestin that the issue be dismissed from the a enda alto ether. Should this item
. not e dismissed I ask at It not be tab e an mstead approved based on the following.
We have spent almost $10,000 getting our sidewalk cafe ready to open. The city Manager
has been aware of the ongoing struggle we have had to get this done. We were allowed to
continue to spend money and purchase all the components necessary to furnish the
outdoor cafe, and even got approval from the Manager to move our light poles at a
substantial cost to make way for the cafe. At no time were we ever told that the liquor
license extension would be a problem? We even submitted an application several weeks
ago to get the ball rolling, our outdoor caf~n was approved but c<?n,:,eniently QUL..
liquor license r~est was left off the council agenda at tlUlttime, unknown to us. We had
to again reapply for the license further ho1dlng up our cafe by two weeks. In that time
frame I was asked to finish the replacement of the light poles in anticipation of opening
the cafe by Assistant City manager Cindy Steinhauser. Then with only days left before
the council meeting I am told that the recommendation is to table the license holding us
up another month. With it already this late in the year, tabling this issue to September 6th
will leave us very little time to operate the outdoor cafe for the rest of the year and recoup
the money that has been spent. Further, leaving the fencing system up will only add to
potential problems, damage and additional costs. (Our fence system has already been tom
down once costing thousands of dollars). Since the liquor license extension has nothing to
do with our bar (the area of our business under so much scrutiny) and is only viable with
our restaurant, it is obvious~d therefore in mv opinion intentional that the request to _
table is only being issued to "teach us a lesson" and show us who's in charge in this city,
usmg the damage of our own wasted financial resources against us.
"--
The memo states several reasons why the Chief and the City Manager would like this
item tabled. Again as in the past the CFS or call for service are detailed. Again we are
disturbed by the weight that these calls for service seem to carry with the police
department and the city of Dubuque and the inaccurate picture that these calls for service
seem to paint. Again as in the past, there were calls for traffic related service, parking lot
issues, suspicious activity in the area, theft, and the need for extra attention from the
police department. What do these exactly mean? Why are parking, traffic, and theft calls
even part of this list? Is it solely to paint a "bad apple" picture of Bricktawn? I wonder
how many parking calls the Kennedy Mall has in a year? Is it safe to assume that when a
neighbor calls about a suspicious person in the area that that individual must have been
doing something wrong at Bricktown? Why would a traffic accident on the corner of
third and Main Street even be mentioned in the same breath as Bricktown?
Again I have to question how these calls for service are in any way related to our liquor
license? We ask our customers to leave the premises about 1 :30 a.m. and a majority of
them wait out side for cabs and rides. Further many of Main streets other bar patrons
leave their respective bars and congregate near Bricktown to wait for cabs, since our
facility is the "standard" pick up spot on lower Main. I think you would agree that a
person who causes trouble in the streets outside of Bricktown is not necessarily our
responsibility and should not reflect on Bricktown in a negative manor. After all we
cannot control individual people and their actions. The CFS is simply a way for the police
department to make us look bad and an excuse to continue their relentless attack of our
business.
On July 7th the memo states that at 2:01 A.M. the police investigated a concern of
employees serving alcohol after hours. What strikes me here is that in 59 seconds the
police were able to make a determination that there was an after hours alcohol party
happening at Bricktown. The memo states that three separate bar managers were cited for
making alcohol available and one bar manager was arrested. Interestingly enough there
were only two bar managers on duty and not one of them was arre4sted. The officers
made asswnptions like usual and started writing tickets randomly.:.. My partner was
arrested because he would not allow the officers into our private offices (on advice from
'Our attorney), offices that are required by state law to be entered with a search warrant.
No warrant was obtained because there was no reason to issue one. We will contend that
I ~the tickets were issued prior to 2:00 am. and only because there was open bottles and
glass of beer on the tables and counter tops. Like EVERY bar in town that is even half as
busy as we usually are it takes us until 3 :00 a.m. most nights to get our bar cleaned up
and free of all old bottles etc. This was just another excuse to write us some tickets. We
intend to successfully fight and win each and every ticket issued July 7th, we have video
evidence and statements that we feel confident will vindicate us in this matter. One other
point about the July 7th incident, it is a PENDING case against us, and for that reason
alone it is our opinion that it is certainly not fair to use that against us to table our request.
--
You were all given a recent report of the night of July 7th by Mr. Van Milligan, I was
;nfarmed by a council member that in that report it states that I was called by the police
_ md asked to come down to Bricktown that night. This is false and phone records could
prove that:. Further, no where in the report does it tell you that certain officers were
verbally abusive to our employees and managers (I have written statements from each
'manager) tellin them that they were working for a bunch of "assholes" and'" erks".That
they should get a new ja ecause eyare g us down etc. Unfortunately there are
lever 0 cers 0 Icer Lemkee and Su es come 0 mm w 0 are very mu out to get
us for one reason or ano er and will continue to do so as long as they go unchecked.
,
Again, unfortunately we cannot control or change those people with those attitudes
towards our business.
The police spend a very large amount of time in and around Bricktown. On one particular
night between the hours of 9:30 and 1 :30 a.m. a police car or multiple cars were circling
Bricktown every 3.5 minutes (we have this documented). A typical Saturday night you
will find 3-4 police patrol cars out side our building from 1 :00 - 2:30 a.m. That is
excessive no matter how you look at it. Is all this attention really just? For the potential to
catch a few kids urinating in public, drinking, etc. It seems that other crime has taken a
back seat in the evening hours to simple misdemeanors. Our customers wait outside for
cabs as opposed to driving, and they are subject to continued harassment and arrest.
Bottom line is we certainly have problems that we do need to address. We have put in
place several key costly procedures and rules to help us with the problems we do have at
Bricktown, problems we have some form of control over. It is our hope to continue to
provide Dubuque with wonderful dining and entertainment options for many years to
come.
Thank you for your time.
Sincerely, I am
Scott A. Neuwoehner
President
Bricktown Brewery
o
;=,,;
\--1____-.:.
~~( C.
o
(....rl
~
c:
c;-)
_.
"
'-"'I
"- :"
-" :;::.-
crl
---
I',
.._~-'
:\1
-~)
jl
--
_...~:s-
\-n
~.~-1
, I
,---.'
CJ~
.
-<
~
....
<C
~ '3
Q 0
w
0 en
- :0 I
wa:J 0
en .-l w Z
<( Cl'
zr ... 0
0 WW
Z (/) wW r-
[IJLL w -
W';' II
3: 00 ~ 1/ I -I ~ " "
I II 0 0 0 z z
Cl. :>-0 ....... Q.... 0
0 <( <{~ .-l - -
0::: :2_ Z Q Q
(.9"" CJ lY c.:J
~ z r- ..... .....
~ Q.... W
<{ 0 I Z - -
Cl' r- 0 ::J ::J
0 r- -
(.) W ....... (.) CO CO
'3 (/) 2:: -I
- Z
a::: ~ . 0 LIJ
CO La.
(\J
I'
.-0
co
-ci
I'
co
<:t
--0
......
I'
(\J
(J'\
a'
(")
t
t:iZ
UJ<(
u..o..
UJ:;:)
0::(.)
<((.)
:;:)0
OZ
cnO
ocn
>- lI::tO::
C'? t:i~ Nt
.-0
<:t CD
UJ<( ~
u..o.. Z
UJ:;:)
0::(.) ;:
.-0 <((.)
-ci :;:)0
(") 0
.-0 Oz
cnO ~
(J'\ a.ncn
co '0::
.-0 r-UJ (.)
.-0 No..
Nlt) -
a:
~
0 en
c:i
(\J ......
(\J
(")
(")
cri
(\J
.
C!
(\J
.-0
(")
I'
(\J
August 11, 2005
Mr. Scott Neuwohner
Bricktown Brewery
299 Main Street
Dubuque, IA 52001
RE: Required Repair at 299 Main Street
Dear Mr. Neuwohner:
It has been brought to the City's attention that City signage was removed when
you removed your street lights. Since these signs were on City property and
belong to the City, their return is necessary.
Also, it is noted that sidewalk repairs are necessary due to the removal of
streetlight posts. Therefore, for pedestrian safety, this sidewalk needs to be
replaced with an approved hard surface.
The signage return and the sidewalk repair needs to be completed as soon as
possible to ensure pedestrian/traffic safety.
If you need any assistance, please free to contact me at 563.589.4270.
Sincerely,
Gus Psihoyos
City Engineer
cc: David Ness, PE
Bill Schlickman, Traffic Engineering Assistant
Jane Smith, Engineering Assistant
y
~~~
~<IN-~
MEMORANDUM
July 27,2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Bricktown
Cooper Management Company LLC, or Bricktown, is asking for a change in their liquor
license to allow serving alcohol at the.ir newly-created outdoor eating area. Chief of
Police Kim Wadding is recommending that the request be tabled.
Since Bricktown was issued a new 12-month liquor license on June 6, 2005, they have
had numerous violations, including:
1. Five persons were cited for possession of alcohol under 21.
2. On July 7, 2005, three bar managers were cited for making alcohol available
after 2:00 a.m. Additionally, one of the bar managers was arrested for public
intoxication.
Bricktown has submitted an implementation plan to Chief Wadding to improve
compliance and the Chief is reviewing that plan with them.
I respectfully request that the Mayor and City Council table the liquor license change
request until September 6, 2005.
fllJ ~AjfIJl
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Cooper Management, LLC, 299 Main Street, Dubuque, IA 52001
Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
Page 1 of 1
, Juanita Hilkin
From:
Sent:
To:
Cc:
Kim Wadding [kwadding@cityofdubuque.org]
Wednesday, July 27,200512:02 PM
Michael C. VanMilligen (Michael C. VanMilligen)
Cindy Steinhauser (Cindy Steinhauser); Balesq@Cityofdubuque. Org; Jeanne Schneider (Jeanne
Schneider)
Subject: Bricktown - Update of Calls for Service/Outdoor Service Area
Mike,
Attached is a memorandum outlining the calls for service for Bricktown for the months of June and July through
July 25, 2005. Addtionally, I recommended the application for outdoor service be tabled until we have some
history of compliance to the items proposed by Scott Neuwoehner. Hard copy with Scott Neuwoehner's letter will
follow. Thanks.
Kim
7/27/2005
,
D~~~
~<k~
MEMORANDUM
Date: July 27,2005
To: Michael C. Van Milligen
City Manager.
From: Kim B. Wadding
Police Chief
Re: Cooper Management Company, LLC (Bricktown) Outdoor Service Application
INTRODUCTION
The purpose of the memorandum is to update the police calls for service (CFS)
regarding Cooper Management Company, LLC (Stonewall Lounge, Bricktown Brewery,
Blackwater Grill and the Underground) located at 299 Main Street and ask City Council
consideration to table Cooper Management Company's application for an outdoor
service area.
BACKGROUND
On June 6, 2005, the City Council approved a 12-month liquor license renewal for the
Cooper Management Company, LLC. As part of the renewal process and for City
Council consideration, the police department submitted a memorandum outlining the
calls for service from June 1, 2004 to May 25, 2005 and their relationship with other
similar businesses in the community. The comparison showed Bricktown with a higher
number of calls for service (CFS) coupled with a comparatively higher number of
alcohol related arrests and citations.
Although the City Council approved the liquor license 12-month renewal, many
concerns remained relative to the calls for service and subsequent alcohol related
arrests and citations. At the time of the June 6, 2005 City Council meeting and specific
to Cooper Management there were three pending municipal infractions for allowing
persons under the legal age to remain in the establishment after 9:00 P.M., and a
citation to an employee for selling or dispensing alcoholic beverages after closing March
31, 2005. The municipal infractions were issued February 2, February 17 and March
31,2005.
DISCUSSION
,
Since the June 6, 2005 City Council meeting there have been additional citations issued
to Cooper Management, LLC employees. During the month of June there were 10 calls
for service (CFS), consisting of five extra attentions where officers monitored patrons
exiting at closing, one disturbance, a citizen assist, one theft, and one tavern inspection.
Of these calls, five persons were cited for possession of alcohol under 21 , two on June
15,2005, one on June 19,2005 and two on June 25,2005.
For the period of July 1 to July 25,2005, there were nine (9) calls for service (CFS)
consisting of four extra attentions, two parking complaints, one tavern inspection, one
suspicious person complaint, and one traffic problem. Regarding the tavern inspection,
on July 7,2005,2:01 A.M. police investigated a concern of employees serving alcohol
after hours. As a result, three separate bar managers were cited for making alcohol
available after 2:00 A.M. Additionally, one of the bar managers and one of the owners
were arrested for public intoxication. Those charges are pending.
Following the July 7,2005 incident, I met with Scott Neuwoehner, President, Bricktown
Entertainment Complex. Scott Neuwoehner supplied a letter outlining several changes
Cooper Management is proposing to help eliminate the ongoing concerns related to
underage drinking, management supervision, accountability in the dispensing of
alcoholic drinks, and improvement in staff training (Letter Attached).
RECOMMENDATION
Although the written corrective proposals address many of the ongoing concerns, there
has not been sufficient time to fully implement or historically measure the effectiveness
of the remedies. Accordingly, we would recommend the application for an outdoor
service area be tabled until such time the City Manager brings it back to City Council
consideration after a period of review has been completed ensuring overall compliance.
ACTION REQUESTED
The action requested is for City Council consideration to table the request to add an
outdoor service area regarding Cooper Management, LLC 299 Main Street.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
August 1, 2005
TO: The Honorable Mayor and City Council Members
FROM: Scott A. Neuwoehner, President Bricktown Brewery
SUBJECT: Bricktown request for liquor license for newly created outdoor
eating area.
This letter is in regard to the memo you received dated July 27,2005 from
Michael C. Van Milligan in which Chief Wadding and Mr. Van Milligan are asking
that our request for a liquor license extension to our outdoor cafe be tabled until
the September 6,2005 council meeting. Unfortunately, I will not be able to attend
tonight's meeting and since the chance that this will not be tabled and approved
is slim given the recommendations, I am requesting that the issue be dismissed
from the agenda altogether. Should this item not be dismissed I ask that it not be
tabled and instead approved based on the following.
We have spent almost $10,000 getting our sidewalk cafe ready to open. The city
Manager has been aware of the ongoing struggle we have had to get this done.
We were allowed to continue to spend money and purchase all the components
necessary to furnish the outdoor cafe, and even got approval from the Manager
to move our light poles at a substantial cost to make way for the cafe. At no time
were we ever told that the liquor license extension would be a problem? We even
submitted an application several weeks ago to get the ball rolling, our outdoor
cafe portion was approved but conveniently our liquor license request was left off
the council agenda at that time, unknown to us. We had to again reapply for the
license further holding up our cafe by two weeks. In that time frame I was asked
to finish the replacement of the light poles in anticipation of opening the cafe by
Assistant City manager Cindy Steinhauser. Then with only days left before the
council meeting I am told that the recommendation is to table the license holding
us up another month. With it already this late in the year, tabling this issue to
September 6th will leave us very little time to operate the outdoor cafe for the rest
of the year and recoup the money that has been spent. Further, leaving the
fencing system up will only add to potential problems, damage and additional
costs. (Our fence system has already been torn down once costing thousands of
dollars). Since the liquor license extension has nothing to do with our bar (the
area of our business under so much scrutiny) and is only viable with our
restaurant, it is obvious and therefore in my opinion intentional that the request to
table is only being issued to "teach us a lesson" and show us who's in charge in
this city, using the damage of our own wasted financial resources against us.
The memo states several reasons why the Chief and the City Manager would like
this item tabled. Again as in the past the CFS or call for service are detailed.
Again we are disturbed by the weight that these calls for service seem to carry
with the police department and the city of Dubuque and the inaccurate picture
that these calls for service seem to paint. Again as in the past, there were calls
for traffic related service, parking lot issues, suspicious activity in the area, theft,
and the need for extra attention from the police department. What do these
exactly mean? Why are parking, traffic, and theft calls even part of this list? Is it
solely to paint a "bad apple" picture of Bricktown? I wonder how many parking
calls the Kennedy Mall has in a year? Is it safe to assume that when a neighbor
calls about a suspicious person in the area that that individual must have been
doing something wrong at Bricktown? Why would a traffic accident on the corner
of third and Main Street even be mentioned in the same breath as Bricktown?
Again I have to question how these calls for service are in any way related to our
liquor license? We ask our customers to leave the premises about 1 :30 a.m. and
a majority of them wait out side for cabs and rides. Further many of Main streets
other bar patrons leave their respective bars and congregate near Bricktown to
wait for cabs, since our facility is the "standard" pick up spot on lower Main. I
think you would agree that a person who causes trouble in the streets outside of
Bricktown is not necessarily our responsibility and should not reflect on Bricktown
in a negative manor. After all we cannot control individual people and their
actions. The CFS is simply a way for the police department to make us look bad
and an excuse to continue their relentless attack of our business.
On July yth the memo states that at 2:01 A.M. the police investigated a concern
of employees serving alcohol after hours. What strikes me here is that in 59
seconds the police were able to make a determination that there was an after
hours alcohol party happening at Bricktown. The memo states that three
separate bar managers were cited for making alcohol available and one bar
manager was arrested. Interestingly enough there were only two bar managers
on duty and not one of them was arre4sted. The officers made assumptions like
usual and started writing tickets randomly. My partner was arrested because he
would not allow the officers into our private offices (on advice from our attorney),
offices that are required by state law to be entered with a search warrant. No
warrant was obtained because there was no reason to issue one. We will
contend that the tickets were issued prior to 2:00 a.m. and only because there
was open bottles and glass of beer on the tables and counter tops. Like EVERY
bar in town that is even half as busy as we usually are it takes us until 3:00 a.m.
most nights to get our bar cleaned up and free of all old bottles etc. This was just
another excuse to write us some tickets. We intend to successfully fight and win
each and every ticket issued July yth, we have video evidence and statements
that we feel confident will vindicate us in this matter. One other point about the
July yth incident, it is a PENDING case against us, and for that reason alone it is
our opinion that it is certainly not fair to use that against us to table our request.
You were all given a recent report of the night of July 7th by Mr. Van Milligan, I
was informed by a council member that in that report it states that I was called by
the police and asked to come down to Bricktown that night. This is false and
phone records could prove that. Further, no where in the report does it tell you
that certain officers were verbally abusive to our employees and managers (I
have written statements from each manager) telling them that they were working
for a bunch of "assholes" and "jerks". That they should get a new job because
they are taking us down etc. Unfortunately there are several officers (officer
Lemkee and Stiles come to mind) who are very much out to get us for one
reason or another and will continue to do so as long as they go unchecked.
Again, unfortunately we cannot control or change those people with those
attitudes towards our business.
The police spend a very large amount of time in and around Bricktown. On one
particular night between the hours of 9:30 and 1 :30 a.m. a police car or multiple
cars were circling Bricktown every 3.5 minutes (we have this documented). A
typical Saturday night you will find 3-4 police patrol cars out side our building
from 1 :00 - 2:30 a.m. That is excessive no matter how you look at it. Is all this
attention really just? For the potential to catch a few kids urinating in public,
drinking, etc. It seems that other crime has taken a back seat in the evening
hours to simple misdemeanors. Our customers wait outside for cabs as opposed
to driving, and they are subject to continued harassment and arrest.
Bottom line is we certainly have problems that we do need to address. We have
put in place several key costly procedures and rules to help us with the problems
we do have at Bricktown, problems we have some form of control over. It is our
hope to continue to provide Dubuque with wonderful dining and entertainment
options for many years to come.
Thank you for your time.
Sincerely, I am
Scott A. Neuwoehner
President
Bricktown Brewery