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Alcohol Compliance_Exxtreme PubMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Exxtreme Pub DATE: January 17, 2013 Dubuque kital All- America City II 111! 2012 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Exxtreme Pub, 1701 Central Avenue. 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: January 15, 2013 SUBJECT: Settlement Agreement- Exxtreme Pub Dubuque had All-America City ' 11' 2007 INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Exxtreme Pub. BACKGROUND Exxtreme Pub has a liquor license for its establishment at 1701 Central Avenue in the City of Dubuque. On September 14, 2012 the Dubuque Police Department did an alcohol compliance check at Exxtreme Pub 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. Exxtreme Pub 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. Exxtreme Pub 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 Dalsing cc: Crenna Brumwell ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Alcohol Compliance — 1st Violation RE: Exxtreme Pub 1701 Central Avenue Dubuque, IA 52001 Jessica Keuter 2623 Broadway Street Dubuque, IA 52001 , on behalf of Exxtreme Pub, hereby knowingly and voluntarily acknowledge that: a) Exxtreme Pub received the Notice of Hearing regarding the above referenced case. b) Exxtreme Pub admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Exxtreme Pub waives a public hearing and submits to the statutory penalties prescribed by law. d) Exxtreme Pub 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. Exxtreme Pub has a liquor license for 1701 Central Avenue. Violation of the liquor license occurred as follows: Violation Date Violation Type September 14, 2012 Alcohol Violation Violation Number 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Exxtreme Pub is subject to the following: 1) Afive hundred dollar ($500.00) fine 0 Ordin4s 0 C nom' CD 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, Exxtreme Pub chooses one of the following penalties: d Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Exxtre e Pub Name — Please - rint /-/V-13 Date Signature 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 Exxtreme Pub to the City of Dubuque — Police Department. PASSED AND APPROVED this 4th day of February Attest: ,2013 .