Alcohol Compliance Violation_Salsa's Mexican RestaurantMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Salsa's Mexican Restaurant
DATE: February 7, 2013
Dubuque
kital
All- America City
II 111!
2012
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Salsa's Mexican Restaurant, 1091 Main 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: March 11, 2013
SUBJECT: Settlement Agreement- Salsa's Mexican Restaurant
Dubuque
had
All-America City
' 11'
2007
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Salsa's Mexican Restaurant.
BACKGROUND
Salsa's Mexican Restaurant has a liquor license for its establishment at 1091 Main Street in the City of Dubuque. on
February 21, 2012 and January 10, 2013 the Dubuque Police Department did alcohol compliance checks at Salsa's Mexican
Restaurant and employees 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.
Salsa's Mexican Restaurant has agreed to pay a $1,500 fine for a second violation and has submitted their payment to the
Police Department. They will also be serving a thirty @0] day suspension of their liquor license. The suspension dates are
detailed in the attached settlement agreement.
RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for violators. Salsa's 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 — 2 "d Violation
RE: Salsa's Mexican Restaurant
1091 Main Street
Dubuque, IA 52001
•
• Salsa's, Inc.
1091 Main Street
Dubuque, IA 52001
I, Emiliano Ramirez , on behalf of Salsa's Mexican Restaurant, hereby
knowingly and voluntarily acknowledge that:
a) Salsa's Mexican Restaurant received the notice regarding the above
referenced case.
b) Salsa's 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) Salsa's Mexican Restaurant waives a hearing and submits to the statutory
penalties prescribed by law.
d) Salsa's Mexican Restaurant understands that this penalty will count as an
official "Second 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.
Salsa's Mexican Restaurant has a liquor license for 1091 Main Street. Violations of the
liquor license occurred as follows:
Violation Date
February 21, 2012
January 10, 2013
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1st Violation
2 "d Violation
At this time, Salsa's Mexican Restaurant has one (1) alcohol violation pending. Under
the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Salsa's
Mexican Restaurant is subject to a civil penalty and a suspension of the liquor license.
In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-
2B -16, Salsa's Mexican Restaurant accepts the penalties for a Second Violation —
Alcohol Compliance and chooses the following option:
Please choose one (1) of the following options:
Option #1
✓ One thousand five hundred dollar ($1,500) fine
✓ Thirty (30) day suspension of the license
❑ Option #2
✓ Five thousand dollar ($5,000) fine
✓ Fourteen (14) day suspension of the license
(Thirty (30) day suspension with sixteen (16) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
❑ Option #3
✓ Seven thousand five hundred dollar ($7,500) fine
✓ Seven (7) day suspension of the license
(Thirty (30) day suspension with twenty three (23) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Two (2) of the following (please choose two):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty -one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
❑ Option #4
✓ Fifteen thousand dollar ($15,000) fine
✓ Zero (0) day suspension of the license
(Thirty (30) day suspension with thirty (30) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Three (3) of the following (please choose three):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for'use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive the training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty -one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
*If there is a violation within the probationary period, the days which were suspended must be served.
Initials: die P Date: 03-0 5— 1 3
The suspension of the liquor license must be served as follows:
Friday, March 22, 2013 — Saturday, March 30, 2013
Sunday, March 31, 2013 — Tuesday, April 2, 2013
Sunday, April 7, 2013 — Tuesday, April 9, 2013
Sunday, April 14, 2013 — Tuesday, April 16, 2013
Sunday, April 21, 2013 — Tuesday, April 23, 2013
Sunday, April 28, 2013 — Tuesday, April 30, 2013
Sunday, May 12, 2013 — Tuesday, May 14, 2013
Sunday, May 19, 2013 — Tuesday, May 21, 2013
Salsa's Mexican Restaurant
ignature Signature
�/vlf /lQ/ iv
Name — Please Print
ad-OS-13
Date
Nine (9) Days
Three (3) Days
Three (3) Days
Three (3) Days
Three (3) Days
Three (3) Days
Three (3) Days
Three (3) Days
Total: Thirty (30) Days
Name — Please Print
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 be remitted by Salsa's Mexican Restaurant on or before Monday,
March 11, 2013 and suspension of the liquor license be served as outlined.
PASSED AND APPROVED thisl8th day of March , 20 13 .
a4ri
Roy D. B ol, Mayor
Attest:
al" .''�! RECEIVED
Ke4in Firnstahl, City Clerk
MAR 8 8 2113 PM -3 :30
Dubuque Police Department
Dubuque, IA