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Alcohol Compliance_River City BistroMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - River City Bistro 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 River City Bistro, 450 Main Street. I concur with the recommendation and respectfully request Mayor and City Council approval. /),2t 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 28, 2013 SUBJECT: Settlement Agreement- River City Bistro Dubuque had All-America City ' 11' 2007 INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and River City Bistro. BACKGROUND River City Bistro has a liquor license for its establishment at 450 Main Street in the City of Dubuque. On December 12, 2012 the Dubuque Police Department did an alcohol compliance check at River City Bistro 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. River City Bistro 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. River City Bistro 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: Holiday Inn Dubuque Five Flags Kinseth Hotel Corporation 450 Main Street 2 Quail Creek Circle Dubuque, IA 52001 North Liberty, IA 52317 I, gXUCe._ r , on behalf of Holiday Inn Dubuque Five Flags — River City Bistro, hereby knowingly and voluntarily acknowledge that: a) Holiday Inn Dubuque Five Flags — River City Bistro received the notice regarding the above referenced case. b) Holiday Inn Dubuque Five Flags — River City Bistro admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Holiday Inn Dubuque Five Flags — River City Bistro waives a hearing and submits to the statutory penalties prescribed by law. d) Holiday Inn Dubuque Five Flags — River City Bistro 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. Holiday Inn Dubuque Five Flags — River City Bistro has a liquor license for 450 Main Street. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number December 12, 2012 Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Holiday Inn Dubuque Five Flags — River City Bistro 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, Holiday Inn Dubuque Five Flags — River City Bistro chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Holiday Inn Dubuque Five Flags — River City Bistro 5 Signature Signature Name — Please Print Name — Please Print //Z (/ 5 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 hearing, the City of Dubuque City Council hereby orders that the foregoing civil penalty has been remitted by Holiday Inn Dubuque Five Flags — River City Bistro to the City of Dubuque — Police Department. PASSED AND APPROVED this 18th day of February , 2013 . Attest: Kevi Firnstahl, C y CI Roy D. Buhl, Mayor