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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 kital 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