Loading...
Alcohol Compliance_Eagles ClubMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Eagles Club DATE: February 7, 2013 Dubuque kital All- America City II h/ 2012 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Eagles Club, 1175 Century Drive. 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: February 21, 2013 SUBJECT: Settlement Agreement- Eagles Club Dubuque had All- America City ' I I' 2007 INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Eagles Club. BACKGROUND Eagles Club has a liquor license for its establishment at 1175 Century Drive in the City of Dubuque. On November 28, 2012 the Dubuque Police Department did an alcohol compliance check at Eagles Club 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. Eagles Club 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. Eagles Club 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: Eagles Club 1175 Century Drive Dubuque, IA 52002 • Dubuque Aerie No. 568 1175 Century Drive • Dubuque, IA 52002 • • I, ,fie -/l 81 /f %- , on behalf of Eagles Club, hereby knowingly and voluntarily acknowledge that: a) Eagles Club received the notice regarding the above referenced case. b) Eagles Club admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Eagles Club waives a hearing and submits to the statutory penalties prescribed by law. d) Eagles Club 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. Eagles Club has a liquor license for 1175 Century Drive. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number November 28, 2012 Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Eagles Club 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, Eagles Club chooses one of the following penalties: r� Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Eagles Club Signature 1 Signature os ,re-# A/11 Name — Please Print Name — Please Print 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 Eagles Club to the City of Dubuque — Police Department. PASSED AND APPROVED this 4th day of March Attest: ,2013 [ - BuGI- IdfWor- Kevin J. Lynch, Mayor Pro Tern