Alcohol Compliance Penalty_Olive Garden Restaurant
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Olive Garden Restaurant #1516
DATE: October 26, 2012
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Olive Garden Restaurant #1516.
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
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Mark M. Dalsing, Chief of Police
DATE: October 24, 2012
SUBJECT: Settlement Agreement- Olive Garden Restaurant#1516
Dubuque
had
All-America City
' 11'
2007
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Olive Garden Restaurant #1516.
BACKGROUND
Olive Garden Restaurant #1516 has a liquor license for its establishment at 3350 Dodge Street in the City of Dubuque. On
August 9, 2012 the Dubuque Police Department did an alcohol compliance check at Olive Garden Restaurant #1516 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.
Olive Garden Restaurant #1516 has chosen a five hundred dollar ($500.00) fine and has submitted their signed agreement.
RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for violators. Olive Garden Restaurant
#1516 was provided the schedule and selected their choice of penalty. 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 M. Dalsing
cc:
Crenna Brumwell
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Alcohol Compliance — ist Violation
RE; Olive Garden Italian GMRI, Inc.
Restaurant #1516 PO Box 695016
3350 Dodge Street Orlando, FL 32869 -5016
Dubuque, IA 52003
1, C011-an M • 141knird , on behalf of Olive Garden Italian Restaurant #1516,
hereby knowingly and voluntarily acknowledge that:
a) Olive Garden Italian Restaurant #1516 received the Notice of Hearing
regarding the above referenced case..
b) Olive Garden Italian Restaurant #1516 admits that the facts and
allegations contained in the Complaint, which is attached hereto and
incorporated herein by reference, are true and correct.
c) Olive Garden Italian Restaurant #1516 waives a public hearing and
submits to the statutory penalties prescribed by law,
d) Olive Garden Italian Restaurant #1516 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.
Olive Garden Italian Restaurant #1516 has a liquor license for 3350 Dodge Street.
Violation of the liquor license occurred as follows:
Violation Date
August 9, 2012
Violation Type
Alcohol Violation
Violation Number
11 Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Olive Garden Italian Restaurant #1516 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-
23-16, Olive Garden Italian Restaurant #1516 chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
'd Z L 95 . °N wt6l : l l 6 l0Z '8l 'P0
Olive Garden Italian Restaurant #1516
CL -tiller
Signature Signature
GMR1-•
Co l e.e.n M . 1-hoi-cc,
Name — Please Print ASS Sccre-1 -a r /
Da/ohq 2_
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 Olive Garden Italian
Restaurant #1516 to the City of Dubuque -- Police Department.
PASSED AND APPROVED this 5th day of November , 2012
Attest:
D,
Roy D. Buo ayor
RECEIVED
OCT 232012AW•10:00
Dubuque Police Department
Dubuque, IA
ti 'd Z l95 ' °N Wd91: l l 6106 '91.P0