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Alcohol Compliance Penalty_Applebee's Neighborhood BarMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Applebee's Neighborhood Bar and Grill DATE: May 8, 2013 Dubuque kital All- America City II 111! 2012 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Applebee's Neighborhood Bar and Grill, 1395 Associates Drive. I concur with the recommendation and respectfully request Mayor and City Council approval. duat4A., krt., italy, 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 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Mark M. Dalsing, Chief of Police DATE: May 1, 2013 SUBJECT: Settlement Agreement — Applebee's Neighborhood Bar and Grill x INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Applebee's Neighborhood Bar and Grill. BACKGROUND Applebee's Neighborhood Bar and Grill has a liquor license for its establishment at 1395 Associates Drive in the City of Dubuque. On March 7,2013 the Dubuque Police Department did an alcohol compliance check at Applebee's Neighborhood Bar and Grill 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. Applebee's Neighborhood Bar and Grill 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. Applebee's Neighborhood Bar and Grill 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: Applebee's Neighborhood Bar and Grill 1395 Associates Drive Dubuque, IA 52002 • Apple Corps LP 1877 N Rock Road Wichita, KS 67206 I, Vft v; ( K. -Z%ti , on behalf of Applebee's Neighborhood Bar and Grill, hereby knowingly and voluntarily acknowledge that: a) Applebee's Neighborhood Bar and Grill received the notice regarding the above referenced case. b) Applebee's. Neighborhood Bar and Grill admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Applebee's Neighborhood Bar and Grill waives a hearing and submits to the statutory penalties prescribed by law. d) Applebee's Neighborhood Bar and Grill 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. Applebee's Neighborhood Bar and Grill has a liquor license for 1395 Associates Drive. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number March 7, 2013 Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Applebee's Neighborhood Bar and Grill 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, Applebee's Neighborhood Bar and Grill chooses one of the following penalties: k4 Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Applebee's Neighborhood Bar and Grill Signature Signature Name — Please Print 0re5 Gteu ra -- Name — Please Print 41) \ 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 Applebee's Neighborhood Bar and Grill to the City of Dubuque — Police Department. PASSED AND APPROVED this 20th day of May Attest: , 2013 L.-/ Roy D. Bugg, Mayor Trish L. Gleason, Assistant City Clerk