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