Alcohol Compliance_Los Aztecas Mexican RestaurantMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Los Aztecas Mexican Restaurant
DATE: January 28, 2013
Dubuque
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All- America City
II 111!
2012
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Los Aztecas Mexican Restaurant, 2700 Dodge Street.
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 25, 2013
SUBJECT: Settlement Agreement- Los Aztecas Mexican Restaurant
Dubuque
had
All-America City
' 11'
2007
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Los Aztecas Mexican Restaurant.
BACKGROUND
Los Aztecas Mexican Restaurant has a liquor license for its establishment at 2700 Dodge Street in the City of Dubuque. On
December9,2011 the Dubuque Police Department did an alcohol compliance check at LosAztecas Mexican Restaurant
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.
Los Aztecas Mexican Restaurant 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. LosAztecas Mexican
Restaurant 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 e 1st Violation
RE: Los Aztecas Mexican Restaurant :
2700 Dodge Street
Dubuque, IA 52003
Famolo of Iowa, Inc.
2700 Dodge Street
Dubuque, IA 52003
1, Lorenzo Dominguez , on behalf of Los Aztecas. Mexican Res.taurant,
hereby knowingly and voluntarily acknowledge that:
a) Los Aztecas Mexican Restaurant received the Notice of Hearing regarding
the above referenced case.
b) Los Aztecas Mexican Restaurant admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Los Aztecas Mexican Restaurant waives a public hearing and submits to
the statutory penalties prescribed by law.
d) Los Aztecas Mexican Restaurant 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.
Los Aztecas Mexican Restaurant has a liquor license for 2700 Dodge Street. Violation
of the liquor license occurred as follows:
Violation Date Violation Tvoe
December 9, 2011 Alcohol Violation
Violation Number
1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Los Aztecas Mexican Restaurant 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, Los Aztecas Mexican Restaurant chooses one of the following penalties:
X Five hundred dollar ($500.00) fine •
o Fourteen (14) day liquor license suspension
Los Aztecas mac n Restaurant
nature
Signature
Name — Please Print Name — Please Print
1/25/13
Date 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 Los Aztecas
Mexican Restaurant to the City of Dubuque — City Clerk's Office.
PASSED AND APPROVED this 4thday of February , 20 13 .
Roy D. Bt.
Attest:
Mayor