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
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All-America City
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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
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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
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Dubuque Police Department
Dubuque, IA
West D
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Signs ure Signature
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Name — Please Print Name — Please Print
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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