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
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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 River City Bistro, 450 Main Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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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