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Alcohol Compliance Settlement_The West Dubuque TapMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - West Dubuque Tap DATE: June 12, 2012 Dubuque bierd All-America City 1 2007 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with West Dubuque Tap, 1701 Asbury. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mark Dalsing, Chief of Police Masterpiece on the Mississippi TO Michael C Van Milligen, City Manager FROM Mark M Dalsing, Chief of Police DATE June 11, 2012 SUBJECT Settlement Agreement - West Dubuque Tap 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 West Dubuque Tap BACKGROUND West Dubuque Tap has a liquor license for its establishment at 1701 Asbury in the City of Dubuque On April 25, 2012 the Dubuque Police Department did an alcohol compliance check at West Dubuque Tap 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 West Dubuque Tap 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 Dalsing cc Crenna Brumwell ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Alcohol Compliance — 1st Violation RE: West Dubuque Tap 1701 Asbury Dubuque, IA 52001 Donna Ginter / Geneva Ginter 2342 Cherry Street Dubuque, IA 52001 /4 , on behalf of West Dubuque Tap, hereby knowingly and voluntarily acknowledge that: a) West Dubuque Tap received the Notice of Hearing regarding the above referenced case. b) West Dubuque Tap admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) West Dubuque Tap waives a public hearing and submits to the statutory penalties prescribed by law. d) West Dubuque Tap 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. West Dubuque Tap has a liquor license for 1701 Asbury. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number April 25, 2012 Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, West Dubuque Tap 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, West Dubuque Tap chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension RECEI VED ,1111 r,. 1 /l, ., Dubuque Police Department Dubuque, IA West D ue Ta Signs ure Signature ?r7 tvv( )4f (n /44 Name — Please Print Name — Please Print 6 ' Date 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 West Dubuque Tap to the City of Dubuque — Police Department. PASSED AND APPROVED this 18thday of June , 20 12 . L, Roy D. Bud; Mayor Attest: fLARS. r-07. vi Firnstah , °'� Clerk RECEIVED JUN 1 1 2012 AM •10 :00 Dubuque Police Department Dubuque, IA