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Alcohol License Applications TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Liquor License Renewal for the following: • Eagle Country Market, 1800 Elm Street • Hy-Vee 2395 N.W. Arterial • Los Aztecas Mexican Restaurant, 2700 Dodge Street • Lucky 13 Tap, 385 E. 13th Street • Wal-Mart Supercenter #2004, 4200 Dodge Street DATE: August 28, 2012 Chief of Police Mark Dalsing recommends approval of the annual liquor license renewal for the businesses of Eagle Country Market, 1800 Elm Street; Hy-Vee, 2395 N.W. Arterial; Los Aztecas Mexican Restaurant, 2700 Dodge Street; Lucky 13 Tap, 385 E. 13th Street; and Wal-Mart Supercenter#2004, 4200 Dodge Street. I concur with the recommendation and respectfully request Mayor and City Council approval. / AAh kt1&1 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 THE MY OF DUB E Masterpiece on the Mississippi DATE: August 27, 2012 MEMORANDUM TO: Michael C. Van Milligen City Manager FROM: Mark M. Dalsing Chief of Police RE: Liquor License Renewal for the following: • EAGLE COUNTRY MARKET, 1800 ELM ST. • HY -VEE- 2395 N.W. ARTERIAL • LOS AZTECAS MEXICAN RESTAURANT, 2700 DODGE ST. • LUCKY 13 TAP, 385 E. 13TH ST. • WAL -MART SUPERCENTER #2004, 4200 DODGE ST. INTRODUCTION The purpose of this memorandum is to recommend the annual renewal of the above liquor license establishments and to highlight the calls for service related to incidences of disturbances, crimes against persons, crimes against property, and public morals occurring at the business since the last liquor license renewal. BACKGROUND Regarding the listed establishments, the following is a summary of activity since their last renewal. The following key provides a brief description of those calls for service displaying four areas of concern. Disturbances Includes physical fighting, verbal arguments, loud music and /or subjects and all other disorderly behavior not already listed Crimes Against Persons Includes Assault and Harassment Crimes Against Property Includes Burglary, Criminal Mischief and Theft Public Morals Includes Public Intoxication and Possession of Controlled Substances 1 DISCUSSION EAGLE COUNTRY MARKET (1800 ELM ST.) Since the last renewal date there have been 56 calls for service to the establishment. Of those 56 calls there were nine disturbances, five crimes against persons, 40 crimes against property and one public morals call. Additionally, there were 37 individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 11 -50380 Theft- forgery Offense Report 11 -58860 Harassment- in person Offense Report 11 -58930 Theft - shoplifting Offense Report 11 -59487 Disturbance- music /noise Handled By Officer 11 -59664 Theft - shoplifting Handled By Officer 11 -62477 Theft - aggravated shoplifting Aqqravated Theft 11 -64744 Theft - shoplifting Thefts 11 -65044 Theft- forgery Handled By Officer 12 -2813 Assault- cold with injury Handled By Officer 12 -4955 Theft- of wallet Offense Report 12 -11617 Domestic order violation- cold Violation Of No Contact Order 12 -18322 Theft- forgery Offense Report 12 -23403 Theft- forgery Handled By Officer 12 -24524 Theft- shoplifting Theft 5 12 -24558 Disturbance- cold /verbal Handled By Officer 12 -25496 Theft- shoplifting Theft 5TIF 12 -26115 Theft- shoplifting Theft 5 12 -32645 Theft- forgery Offense Report 12 -34001 Theft- forgery For er 12 -39624 Theft- shoplifting Theft 5 11 -50915 Theft - shoplifting HandledB Officer 11 -55511 Theft- shoplifting Theft 5 Possession of Paraphernalia 11 -56696 Disturbance- active /verbal Handled By Officer 11 -59293 1 Disturbance- kids Handled By Officer 11 -60167 Burglary- active to motor vehicle Handled By Officer 11 -60416 Theft - shoplifting Offense Report 11 -62359 Public Morals- public intoxication Public Intoxication 11 -63649 Theft - shoplifting Theft 5th 11 -64865 Theft- shoplifting Th—ef-t-57 PAULA, Use of False Identification 11 -65286 Theft - shoplifting Thefts 11 -66474 Theft - shoplifting Thefts , Public Intoxication 12 -3544 Theft- shoplifting Theft 5'n, PAULA 12 -4532 Theft- shoplifting Theft 5 12 -4999 Theft - shoplifting PAULA 12 -5176 Disturbance- kids Handled By Officer 12 -6609 Theft- of wallet Offense Report 12 -9287 Theft- shoplifting Theft 5 12 -9951 Theft - shoplifting Handled By Officer 12 -10444 Theft - shoplifting Handled B Officer 12 -11581 Theft- shoplifting Theft 5 , Trespassing, Public Intoxication 12 -17265 Theft- forgery Handled By Officer 2 12 -21711 Theft - shoplifting Handled By Officer 12 -23290 Disturbance- active /verbal Handled By Officer 12 -25819 Theft- shoplifting Theft 5 , Public Intoxication 12 -26512 Theft- shoplifting Theft 5 12 -26866 Criminal Mischief- to motor vehicle /cold Offense Report 12 -27340 Disturbance- active /verbal Handled By Officer 12 -29175 Theft- attempted Theft 5 , Public Intoxication 12 -29447 Theft - shoplifting Offense Report 12 -31905 Harassment- in person Handled By Officer 12 -33865 Theft - shoplifting Handled By Officer 12 -35000 Warrant Service Interference, Possession of Paraphernalia, Possession of Methamphetamine Precursors, Unauthorized Possession of a Prescription Medication 12 -35280 Disturbance- active /verbal Handled By Officer 12 -35341 Theft - shoplifting PAULA 12 -37197 Domestic order violation- cold Violation Of No Contact Order 12 -38876 Disturbance- active /verbal Handled By Officer HYNEE (2395 N.W. ARTERIAL) Since the last renewal date there have been 38 calls for service to the establishment. Of those 38 calls there were four disturbances, three crimes against persons, 12 crimes against property and no public morals calls. Additionally, there were seven individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -2293 Theft - shoplifting Offense Report 12 -3734 Theft- shoplifting Theft 5th 12 -4942 Theft - shoplifting Offense Report 12 -5387 Theft- shoplifting Theft 5th 12 -13141 Criminal mischief- to motor vehicle Handled By Officer 12 -15909 Harassment- in person Handled By Officer 12 -16168 Disturbance- active /verbal Handled By Officer 12 -16986 Theft- shoplifting Theft 5th 12 -17005 Theft- forgery Offense Report 12 -20131 Theft- shoplifting Theft 3rd 12 -22129 Theft - shoplifting Offense Report 12 -22147 Harassment- in person Handled By Officer 12 -28955 Theft- shoplifting Theft 5th 12 -31700 Theft- shoplifting Theft 5th 12 -37845 Harassment- in person Offense Report 12 -39418 Theft- shopliftinq Theft 5th 12 -40176 1 Disturbance- active /verbal Handled By Officer 3 LOS AZTECAS MEXICAN RESTAURANT (2700 DODGE ST.) Since the last renewal date there have been six calls for service to the establishment. Of those six calls there were no disturbances, no crimes against persons, no crimes against property and one public morals call. Additionally, there were no individual violations and one violation against the business. DPD Case # Type of Call /Circumstances Disposition 11 -63541 Public morals- alcohol compliance Selling an Alcoholic 11 -48251 Disturbance- active /verbal Beverage to Underage 11 -47326 Harassment persons LUCKY 13 TAP (385 E. 13TH ST.) Since the last renewal date there have been seven calls for service to the establishment. Of those seven calls there were two disturbances, no crimes against persons, no crimes against property and no public morals calls. Additionally, there was one individual violation and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 11 -48239 Disturbance- music /noise Handled by Officer 11 -48251 Disturbance- active /verbal Carrying a Concealed Weapon WAL -MART SUPERCENTER #2004 (4200 DODGE ST.) Since the last renewal date there have been 170 calls for service to the establishment. Of those 170 calls there were 12 disturbances, three crimes against persons, 67 crimes against property and one public morals call. Additionally, there were 68 individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 11 -59346 Disturbance- active /verbal Handled by Officer 11 -46563 Theft of purse Offense Report Filed 11 -47326 Harassment Offense Report Filed 11 -48851 Disturbance- active /verbal Handled by Officer 11 -51266 Disturbance- active /verbal Handled by Officer 11 -51827 Theft - shoplifting Thefts fn 11 -51837 Theft - shoplifting Thefts , Interference with Official Acts 11 -54100 Theft- shoplifting Offense Report Filed 11 -55639 Theft - shoplifting Theft Tu x2 11 -56430 Theft- forgery Offense Report Filed 11 -56858 Assault Child Endangerment 11 -57721 Theft -fore Offense Report Filed 11 -57849 Theft - shoplifting Thefts x3 11 -58474 Burglary to motor vehicle Handled by Officer 11 -58733 Theft- shoplifting Theft 2" , Trespass 11 -59421 Theft - sho shoplifting IF- Theft x3 11 -59786 Theft of phone Offense Report Filed 11 -60246 Criminal mischief to motor vehicle Offense Report Filed 11 -60573 Theft - shoplifting Theft 4 11 -60726 Harassment Offense Report Filed 12 11 -60987 Theft- forgery Forgery x2 11 -61966 Criminal mischief Handled by Officer 11 -62980 Disturbance- active /verbal Handled by Officer 11 -65684 Disturbance- active /verbal Handled by Officer 11 -65937 Disturbance- active /verbal 236 No Contact Order Violation 11 -66529 Theft - shoplifting Thefts 11 -66531 Disturbance- active /verbal Handled by Officer 12 -2788 1 Theft- shoplifting Theft 2" 12 -3874 Theft- shoplifting Theft 4 fn 12 -6251 Theft- shoplifting Theft 5 12 -6906 Theft- shoplifting Theft 5 12 -7825 Theft - shoplifting Handled by Officer 12 -8930 Theft- shoplifting Theft 5 12 -9606 Theft- shoplifting Theft 5 fn x2 12 -10739 Theft- shoplifting Theft 5 12 -14901 Theft- shoplifting Theft 5 x2 12 -12732 1 Theft Handled by Officer 12 -12755 Theft Re orf Filed 12 -14429 Theft- shoplifting Theft 3' 12 -15990 Theft- shoplifting Theft 5 fn 12 -16968 Theft- shoplifting Theft 4 12 -17151 Theft- shoplifting Theft 4 12 -18786 Theft- shoplifting Theft 5 12 -19334 Theft - shoplifting Handled by Officer 12 -19769 Theft- forgery Offense Report Filed 12 -20013 1 Theft- shoplifting Theft 5 x2 12 -20930 Theft - shoplifting Theft 4 fn x2, Interference with Official Acts 12 -21594 Theft- shoplifting Theft 5 12 -22725 Theft- shoplifting Theft V0, Possession of Drug Paraphernalia, Carrying a Concealed Weapon 12 -23438 Disturbance- active /verbal Handled by Officer 12 -24631 Theft- shoplifting Theft V0, Possession of Alcohol Under the Legal Age 12 -24503 Theft- shoplifting Offense Report Filed 12 -24653 Theft- shoplifting Theft 5 12 -24815 Burglary to motor vehicle Offense Report Filed 12 -25011 Theft- shoplifting Theft 5 12 -25475 Theft- shoplifting Theft 5 12 -25655 Theft- shoplifting Theft 5 12 -25688 Theft- shoplifting Theft 5 12 -26094 Theft- shoplifting Theft 5 12 -27366 Disturbance- active /verbal Handled by Officer 12 -27762 Theft- shoplifting Theft 5 12 -27813 Disturbance- active /verbal Handled by Officer 12 -28003 Theft- shoplifting Theft 5 In x2 12 -28755 Theft- shoplifting Theft 4 12 -28816 Theft- shoplifting Theft 5 12 -29010 Theft - shoplifting Theft 4 Interference with Official Acts 12 -29202 Theft- shoplifting Theft 4 12 -29463 Theft- shoplifting Theft 5 5 12 -29639 Theft- shoplifting Theft 5 12 -30167 Criminal mischief Offense Report Filed 12 -30231 Theft- shoplifting Theft 5 12 -30313 Theft- shoplifting Theft 5 , Public Intoxication 12 -30681 Theft- shoplifting Theft 5 12 -30873 Theft - shoplifting Handled by Officer 12 -30315 Theft- shoplifting Theft 5 12 -31935 1 Theft- forgery Forgery 12 -32344 Theft of wallet Offense Report Filed 12 -33035 Theft- shoplifting fh—eft-5ff 12 -34008 Public morals- indecent exposure Handled by Officer 12 -35754 Disturbance- active/physical Handled by Officer 12 -39031 Theft of purse Offense Report Filed 12 -40134 Disturbance- active/physical Handled by Officer 12 -40354 Theft - shoplifting Handled by Officer RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the annual liquor license for Eagle Country Market, 1800 Elm St.; Hy -Vee, 2395 N.W. Arterial; Los Aztecas Mexican Restaurant, 2700 Dodge St.; Lucky 13 Tap, 385 E. 131h St. and Wal -Mart Supercenter #2004, 4200 Dodge St. ACTION REQUESTED Action requested is for City Council consideration to approve the liquor license renewal for Eagle Country Market, 1800 Elm St.; Hy -Vee, 2395 N.W. Arterial; Los Aztecas Mexican Restaurant, 2700 Dodge St.; Lucky 13 Tap, 385 E. 13th St. and Wal -Mart Supercenter #2004, 4200 Dodge St. cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kevin Firnstahl, City Clerk 0 RESOLUTION NO. 233 -12 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and permit types. Renewals Eagle Country Market Los Aztecas Mexican Restaurant Lucky 13 Tap Wal -Mart Supercenter #2004 New Fly DBQ Cafe Hy -Vee Club Room 1800 Elm Street 2700 Dodge Street 385 E 13th Street 4200 Dodge Street 1100 Airport Road 2395 NW Arterial Class E Liquor, Class B Wine, Class C Beer (Carryout) (Sunday) Class C Liquor License (LC) (Commercial) Class C Liquor (Sunday) Class E Liquor, Class B Wine, Class C Beer (Carryout) (Sunday) Class B Beer (BB) (Includes Wine Coolers) Special Class C (Beer /Wine) (Sunday) Passed, approved and adopted this 4th day of September, 2012. Attest: Kevin S. ' irnstahl, CM JL0 Roy D. j ol, Mayor