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Alcohol Compliance Settlement_The Lift BarMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - The Lift DATE: June 11, 2012 Dubuque bierd All-America City 1 2007 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with The Lift, 180 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 May28,2012 SUBJECT Settlement Agreement - The Lift Dubuque had NI- America City 'I 1 1 I' 2007 INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and The Lift BACKGROUND The Lift has a liquor license for as establishment at 180 Main Street in the City of Dubuque On March 20, 2012 the Dubuque Police Department did an alcohol compliance check at The Lift 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 The Lift has chosen to pay a $500 fine for a first violation and has submitted payment to the 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 Da!sing cc Crenna Brumwell ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Alcohol Compliance - 1St Violation • RE: The Lift The Lift Dubuque, LLC 180 Main Street . 180 Main Street Dubuque, IA 52001 Dubuque, IA 52001 • I, Matt Bergmann , on behalf of The Lift, hereby knowingly and voluntarily acknowledge that: a) The Lift received the Notice of Hearing regarding the above referenced case. b) The Lift admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) The Lift waives a public hearing and submits to the statutory penalties prescribed by law. d) The Lift 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. The Lift has a liquor license for 180 Main Street. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number March 20, 2012 Alcohol Violation 1St Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, The Lift 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, The Lift chooses one of the following penalties: /6//2 Five hundred dollar ($500.00) fine % ✓ ❑ Fourteen (14) day liquor license suspension ' 4 Zr-W/ The Lift S,gnatur' /410# B- ere,r7An Signature Name — Please Print Name — Please Print ,;7;/, „ Dat 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 The Lift to the City of Dubuque — Police Department. PASSED AND APPROVED this 18thday of June , 2012 . Roy D. B , Mayor Attest: