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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