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Alcohol License ApplicationsMasterpiece on the Mississippi Dubuque kital All- America City II h/ 2012 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Liquor License Renewal for the following: • Dubuque Arboretum Association Inc., 3800 Arboretum Drive • Exxtreme Pub, 1701 Central Avenue • Ground Round Restaurant, 50 JFK Road • Hartig Drug Co., 2255 JFK Road • Hy -Vee #3, 400 S. Locust Street • Hy -Vee Gas #3, 300 S. Locust Street • Kwik Stop Food Mart, 2360 Central Avenue • Loras College Campus Center, 1450 Alta Vista Drive • Mystique Casino, 1855 Greyhound Park Dr. • Olive Garden Italian Restaurant #1516, 3350 Dodge Street • Ron's Five Point Mart, 405 Rhomberg Avenue • Tantra Thai Bistro, 2055 Holliday Drive, Suite 200 • Whiskey River, 1064 University Avenue DATE: March 13, 2013 Chief of Police Mark Dalsing recommends approval of the annual liquor license renewal for the businesses of Dubuque, Arboretum Association Inc., 3800 Arboretum Drive; Exxtreme Pub, 1701 Central Avenue; Ground Round Restaurant, 50 JFK Road; Hartig Drug Co., 2255 JFK Road; Hy -Vee #3, 400 S. Locust Street; Hy -Vee Gas #3, 300 Locust Street; Kwik Stop Food Mart, 2360 Central Avenue; Loras College Campus Center, 1450 Alta Vista Drive; Mystique Casino, 1855 Greyhound Park Drive; Olive Garden Italian Restaurant #1516, 3350 Dodge Street; Ron's Five Point Mart, 405 Rhomberg Avenue; Tantra Thai Bistro, 2055 Holliday Drive, Suite 200; and Whiskey River, 1064 University Avenue. I concur with the recommendation and respectfully request Mayor and City Council approval. btilvT4 kr,„709,-, Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Mark Dalsing, Chief of Police 2 THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi DATE: March 11, 2013 TO: Michael C. Van Milligen City Manager FROM: Mark Dalsing Chief of Police RE: Liquor License Renewal for the following: • DUBUQUE ARBORETUM ASSOCIATION INC., 3800 ARBORETUM DR. • EXXTREME PUB, 1701 CENTRAL AVE. • GROUND ROUND RESTAURANT, 50 JFK RD. • HARTIG DRUG CO., 2255 JFK RD. • HY -VEE #3, 400 S. LOCUST ST. • HY -VEE GAS #3, 300 S. LOCUST ST. • KWIK STOP FOOD MART, 2360 CENTRAL AVE. • LORAS COLLEGE CAMPUS CENTER, 1450 ALTA VISTA DR. • MYSTIQUE CASINO, 1855 GREYHOUND PARK DR. • OLIVE GARDEN ITALIAN RESTAURANT #1516, 3350 DODGE ST. • RON'S FIVE POINT MART, 405 RHOMBERG AVE. • TANTRA THAI BISTRO, 2055 HOLLIDAY DR. SUITE 200 • WHISKEY RIVER, 1064 UNIVERSITY AVE. INTRODUCTION The purpose of this memorandum is to recommend the annual renewal of the above liquor license establishments and to highlight the calls for service related to incidences of disturbances, crimes against persons, crimes against property, and public morals occurring at the business since the last liquor license renewal. BACKGROUND Regarding the listed establishments, the following is a summary of activity since their last renewal. The following key provides a brief description of those calls for service displaying four areas of concern. Disturbances Includes physical fighting, verbal arguments, loud music and /or subjects and all other disorderly behavior not already listed 1 Crimes Against Persons Includes Assault and Harassment Crimes Against Property Includes Burglary, Criminal Mischief and Theft Public Morals Includes Public Intoxication and Possession of Controlled Substances DISCUSSION DUBUQUE ARBORETUM ASSOCIATION INC. (3800 ARBORETUM DR.) Since the last renewal date there have been 11 calls for service to the establishment. There were no disturbances, no crimes against persons, one crime against property and no public morals calls. Additionally, there were no individual violation and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -40233 Criminal mischief Offense Report Filed EXXTREME PUB (1701 CENTRAL AVE.) Since the last renewal date there have been 48 calls for service to the establishment. There were 21 disturbances, 3 crimes against persons, one crime against property and four public morals calls. Additionally, there were 32 individual violations and one violation against the business. DPD Case # Type of Call /Circumstances Disposition 12 -18719 Disturbance - music /noise Handled by Officer 12 -35208 Disturbance - active /verbal Public Intoxication, Harassment 2nd 12 -37530 Disturbance - active /verbal Handled by Officer 12 -38363 Public morals- intoxication Public Intoxication 12 -40528 Disturbance - active /verbal Public Intoxication, Interference with Official Acts 12 -41247 Public morals- intoxication Handled by Officer 12 -42384 Disturbance - active /verbal Handled by Officer 12 -42840 Disturbance - music /noise Handled by Officer 12 -44243 Assault Offense Report Filed 12 -46095 Public morals- underage sales Sell Alcoholic Beverage to a Minor 12 -46326 Domestic Order Violation Domestic Order Violation 12 -46768 Disturbance - active /physical Public Intoxication x3, Disorderly Conduct x3, Possession of Marijuana, Possession of Drug Paraphernalia 12 -48512 Disturbance - active /physical Public Intoxication, Possession of Drug Paraphernalia 12 -51646 Theft Offense Report Filed 12 -52880 Disturbance - music /noise Report Filed 12 -54699 Disturbance - active /verbal Public Intoxication 12 -56013 Disturbance - active /verbal Public Intoxication, Disorderly Conduct, Interference with Official Acts x2 12 -56518 Disturbance - active /verbal Handled by Officer 2 12 -56782 Disturbance - music /noise Report Filed 12 -57274 Disturbance - active /physical Handled by Officer 12 -60708 Disturbance - music /noise Handled by Officer 12 -61059 Disturbance - active /physical Public Intoxication x3, Disorderly Conduct x3, Criminal Mischief 12 -62078 Disturbance - active /verbal Public Intoxication 12 -63367 Domestic Order Violation Domestic Order Violation 13 -23 Public morals- intoxication Handled by Officer 13 -645 Disturbance - active /verbal Report Filed 13 -809 Disturbance - active /verbal Report Filed 13 -2892 Disturbance - active /verbal Public Intoxication x2 13 -3529 Disturbance - active /verbal Report Filed GROUND ROUND RESTAURANT (50 JFK RD.) Since the last renewal date there have been 14 calls for service to the establishment. There were two disturbances, no crimes against persons, one crime against property and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -55053 Disturbance - active /verbal Handled by Officer 12 -60414 Disturbance - active /verbal Handled by Officer 13 -1917 Theft Offense Report Filed HARTIG DRUG CO. (2255 JFK RD.) Since the last renewal date there have been five calls for service to the establishment. There were no disturbances, no crimes against persons, two crimes against property and no public morals calls. Additionally, there were two individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -43235 Theft - forgery Offense Report Filed 12 -56986 Theft- shoplifting Theft 5'" Degree, PAULA HY -VEE #3 (400 S. LOCUST ST.) Since the last renewal date there have been 73 calls for service to the establishment. There was one disturbance, three crimes against persons, 17 crimes against property and one public morals call. Additionally, there were 11 individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -10701 Theft - shoplifting Theft 5'" 12 -14452 Harassment Handled by Officer 12 -30257 Theft - shoplifting Offense Report Filed 12 -32673 Theft - shoplifting Theft 5'" 12 -32876 Theft Offense Report Filed 12 -34687 Harassment Handled by Officer 12 -36309 Public morals- intoxication Operating While Intoxicated 12 -37649 Theft - shoplifting Theft 4'" x2 3 12 -42922 Theft - shoplifting Offense Report Filed 12 -48020 Theft Offense Report Filed 12 -48454 Theft - shoplifting Theft 4'" 12 -54515 Assault- domestic Domestic Assault 12 -58539 Theft - forgery Handled by Officer 12 -60808 Theft - shoplifting Theft 5'", PAULA, Public Intoxication 12 -61136 Theft - shoplifting Offense Report Filed 12 -62188 Theft - shoplifting Offense Report Filed 12 -62690 Theft - forgery Offense Report Filed 12 -63155 Theft - forgery Handled by Officer 13 -1529 Theft - shoplifting Theft 5'" 13 -1666 Theft Offense Report Filed 13 -4895 Theft - shoplifting Handled by Officer 13 -6428 Disturbance - active /verbal Handled by Officer 13 -6551 Criminal mischief Criminal Mischief 5th HY -VEE GAS #3 (300 S. LOCUST ST.) Since the last renewal date there have been 13 calls for service to the establishment. There was one disturbance, no crimes against persons, one crime against property and no public morals calls. Additionally, there were two individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -19293 Theft - shoplifting Theft 5' ", Public Intoxication 13 -6291 Disturbance- active /verbal Handled by Officer KWIK STOP FOOD MART (2360 CENTRAL AVE.) Since the last renewal date there have been 49 calls for service to the establishment. There were three disturbances, one crime against persons, nine crimes against property and three public morals calls. Additionally, there were three individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -21669 Disturbance - active /verbal Handled by Officer 12 -23010 Theft - shoplifting Handled by Officer 12 -26952 Theft of gas Report Filed 12 -27234 Theft of gas Offense Report Filed 12 -27237 Public morals- intoxication Public Intoxication 12 -28067 Public morals- intoxication Handled by Officer 12 -34876 Disturbance - active /verbal Handled by Officer 12 -52211 Theft - forgery Handled by Officer 12 -53599 Theft - shoplifting Public Intoxication x2 12 -56708 Public morals- intoxication Handled by Officer 12 -56985 Assault Offense Report Filed 12 -60828 Theft - forgery Offense Report Filed 13 -3721 Theft - forgery Offense Report Filed 13 -4821 Theft - shoplifting Handled by Officer 13 -6279 Disturbance - active /verbal Handled by Officer 13 -8575 Theft - shoplifting Handled by Officer 4 LORAS COLLEGE CAMPUS CENTER (1450 ALTA VISTA DR.) Since the last renewal date there have been nine calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property and no public morals calls. Additionally, there were no individual violations and no violations against the business. MYSTIQUE CASINO (1855 GREYHOUND PARK DR.) Since the last renewal date there have been 166 calls for service to the establishment. There was one disturbance, no crimes against persons, 25 crimes against property and 14 public morals calls. Additionally, there were 36 individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -10502 Trespass Trespassing 12 -11913 Public morals- intoxication Public Intoxication 12 -14212 Trespass Trespassing 12 -14638 Public morals- intoxication Public Intoxication, Interference with Official Acts 12 -15714 Public morals- intoxication Public Intoxication 12 -16874 Trespass Trespassing 12 -18674 Trespass Trespassing 12 -20485 Trespass Trespassing 12 -24245 Theft Theft 4'" 12 -25879 Trespassing Report Filed 12 -27411 Public morals- underage drinking PAULA 12 -29247 Trespass Trespassing, Public Intoxication 12 -30636 Trespass Trespassing 12 -34674 Public morals- intoxication Public Intoxication 12 -35957 Disturbance - active /verbal Handled by Officer 12 -36169 Trespass Trespassing 12 -36207 Trespass Trespassing 12 -39509 Public morals- intoxication Public Intoxication, Interference with Official Acts 12 -45869 Trespass Trespassing 12 -46009 Burglary to motor vehicle Handled by Officer 12 -47703 Public morals- intoxication Public Intoxication, Interference with Official Acts 12 -47744 Trespass Trespassing 12 -48272 Public morals- intoxication Public Intoxication 12 -48808 Public morals- intoxication Handled by Officer 12 -52857 Theft Offense Report Filed 12 -53080 Theft - forgery Offense Report Filed 12 -54183 Theft Offense Report Filed 12 -55704 Public morals- controlled substance Possession of Marijuana, Public Intoxication 12 -57510 Trespass Trespassing 12 -58694 Theft Handled by Officer 12 -59728 Public morals- intoxication Handled by Officer 12 -59928 Trespass Trespassing 5 12 -60214 Trespass Trespassing 12 -60276 Trespass Trespassing 12 -62095 Public morals- intoxication Public Intoxication 13 -2996 Trespass Trespassing 13 -3171 Public morals- intoxication Public Intoxication 13 -4370 Burglary to motor vehicle Offense Report Filed 13 -5185 Public morals- intoxication Public Intoxication, Public Urination 13 -6882 Trespass Trespassing OLIVE GARDEN ITALIAN RESTAURANT #1516 (3350 DODGE ST.) Since the last renewal date there have been 12 calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property and no public morals calls. Additionally, there were no individual violations and no violations against the business. RON'S FIVE POINT MART (405 RHOMBERG AVE.) Since the last renewal date there have been 20 calls for service to the establishment. There were two disturbances, one crime against persons, one crime against property and one public morals call. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -19926 Disturbance - active /verbal Handled by Officer 12 -30863 Disturbance - active /verbal Handled by Officer 12 -45456 Harassment Handled by Officer 12 -54717 Theft - shoplifting Handled by Officer 12 -27384 Public morals - controlled substance Handled by Officer TANTRA THAI BISTRO (2055 HOLLIDAY DR.) Since the last renewal date there have been three calls for service to the establishment. There were no disturbances, no crimes against persons, two crimes against property and no public morals calls. Additionally, there was one individual violation and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -24576 Theft Offense Report Filed 12 -25293 Theft Theft 5th WHISKEY RIVER (1064 UNIVERSITY AVE.) Since the last renewal date there have been six calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property and no public morals calls. Additionally, there were no individual violations and no violations against the business. RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the annual liquor license for Dubuque Arboretum Association Inc., 3800 Arboretum Dr.; Exxtreme Pub, 1701 Central Ave.; Ground Round Restaurant, 50 JFK Rd.; Hartig Drug 6 Co., 2255 JFK Rd.; Hy -Vee #3, 400 S. Locust St.; Hy -Vee Gas #3, 300 Locust St.; Kwik Stop Food Mart, 2360 Central Ave.; Loras College Campus Center, 1450 Alta Vista Dr.; Mystique Casino, 1855 Greyhound Park Dr.; Olive Garden Italian Restaurant #1516, 3350 Dodge St.; Ron's Five Point Mart, 405 Rhomberg Ave.; Tantra Thai Bistro, 2055 Holliday Dr., Suite 200. and Whiskey River, 1064 University Ave. ACTION REQUESTED Action requested is for City Council consideration to approve the liquor license renewal for Dubuque, Arboretum Association Inc., 3800 Arboretum Dr.; Exxtreme Pub, 1701 Central Ave.; Ground Round Restaurant, 50 JFK Rd.; Hartig Drug Co., 2255 JFK Rd.; Hy -Vee #3, 400 S. Locust St.; Hy -Vee Gas #3, 300 Locust St.; Kwik Stop Food Mart, 2360 Central Ave.; Loras College Campus Center, 1450 Alta Vista Dr.; Mystique Casino, 1855 Greyhound Park Dr.; Olive Garden Italian Restaurant #1516, 3350 Dodge St.; Ron's Five Point Mart, 405 Rhomberg Ave.; Tantra Thai Bistro, 2055 Holliday Dr., Suite 200. and Whiskey River, 1064 University Ave. cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kevin Firnstahl, City Clerk 7 RESOLUTION NO. 88 -13 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Dubuque Arboretum Inc. 3800 Arboretum Dr. Class B Native Wine (Sunday) Exxtreme Pub 1701 Central Ave. Class C Liquor (Sunday) Ground Round Restaurant 50 JFK Hwy Route 20 Class C Liquor (Sunday) Hartig Drug Co. 2255 JFK Rd. Class E Liquor, Class B Wine, Class C Beer (Carryout Beer and Wine) (Sunday) Hy -Vee #3 400 Locust Street Class E Liquor, Class B Wine, Class C Beer (Carryout Beer and Wine) (Sunday) Hy -Vee Gas #3 300 Locust St. Class C Beer, Class B Native Wine Permit (Sunday) Kwik Stop Food Mart 2360 Central Class E Liquor, Class B Native Wine, Class C Beer (Carryout Beer) (Sunday) Loras College Campus 1450 Alta Vista Dr. • Class C Liquor (Sunday) (Catering) Mystique Casino 1855 Greyhound Park Dr. Class C Liquor License (Sunday) (Outdoor) (Catering) Olive Garden Italian Restaurant #1516 3350 Dodge St. Class C Liquor (Sunday) Ron's Five Point Mart 405 Rhomberg Class C Liquor (Sunday) TantraThai Bistro 2055 Holliday DR, suite 200 Class C Liquor, Class B Wine (Carryout) (Sunday) Whiskey River 1064 University Ave. Class C Liquor (Sunday) Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and permit types. Passed, approved and adopted this 18th day of March, 2 Attest: ds■gr%%// Ke In Firnstahl,City -« Roy D. Bol, Mayor