Alcohol Violation Settlement Agreement_Baymont Inn & SuitesMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Baymont Inn & Suites
DATE: June 25, 2012
Dubuque
bierd
All-America City
1
2007
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Baymont Inn & Suites, 4025 McDonald Drive
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
Teri Goodmann, 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 June 14, 2012
SUBJECT Settlement Agreement- Baymont Inn &Suites
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 Baymont Inn &Suites
BACKGROUND
Baymont Inn &Suites has a liquor license for its establishment at 4025 McDonald Drive in the City of Dubuque On April 12,
2012 the Dubuque Police Department did an alcohol compliance check at Baymont Inn &Suites 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
Baymont Inn &Suites has chosen to pay a $500 fine fora 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: Baymont Inn & Suites
4025 McDonald Drive
Dubuque, IA 52003
AM Hotels Inc.
4025 McDonald Drive
Dubuque, IA 52003
1, S a, ti \ �/<' 1el , on behalf of Baymont Inn & Suites, hereby knowingly
and voluntarily acknowledge that:
a) Baymont Inn & Suites received the Notice of Hearing regarding the above
referenced case.
b) Baymont Inn & Suites admits that the facts and allegations contained in
the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Baymont Inn & Suites waives a public hearing and submits to the statutory
penalties prescribed by law.
d) Baymont Inn & Suites 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.
Baymont Inn & Suites has a liquor license for 4025 McDonald Drive. Violation of the
liquor license occurred as follows:
Violation Date Violation Type Violation Number
April 12, 2012 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Baymont Inn & Suites 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, Baymont Inn & Suites chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Dubuque f'r >sir;,_ tlnpnitrner t
Bavmont Inn & Suites
Signatur Signature
Li'LL'e
Name — Please Print
‘7, s //*
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 Baymont Inn &
Suites to the City of Dubuque — Police Department.
PASSED AND APPROVED this day of 1-y
Attest:
Kevin ' it stahl, City
,20 /Z
Ric W. Jones, Mayor- Pro -Tem
RECEIVED
JUN 14 20t2 AM -9 :00
Dubuque Police Department
Dubuque, IA