Alcohol Compliance Penalty_My Brother's PlaceMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - My Brother's Place
DATE: May 20, 2013
Dubuque
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All- America City
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Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with My Brother's Place, 1850 Central Avenue.
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
DUB TE MEMORANDUM
Masterpiece on the Mississippi
May 16, 2013
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement — My Brother's Place
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and My Brother's Place.
BACKGROUND
My Brother's Place had a liquor license for its establishment at 1850 Central Avenue in
the City of Dubuque. On March 22, 2013 the Dubuque Police Department did an alcohol
compliance check at My Brother's Place and an employee sold alcohol to underage
youth compliance monitors.
City Council has directed that staff work with license and permit holders to serve
suspensions & penalties in a flexible way. My Brother's Place has chosen to serve a
fourteen (14) day suspension of their liquor license. The suspension dates are detailed
in the attached settlement agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. My Brother's Place was provided the schedule and selected their choice of
penalty. The establishment went out of business at the end of May, 2013. The fourteen
(14) day suspension is retroactive to the closing date, as this has been a past practice
accepted by the City. The City Legal Department and the Police Department have
reviewed the agreement and concur with the requirements.
ACTION REQUESTED
City Manager review, City Council approval, and Mayor Buol signature of the attached
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Alcohol Compliance — 1st Violation
RE: My Brother's Place
1850 Central Avenue
Dubuque, IA 52001
My Brother's Place Inc.
1850 Central Avenue
Dubuque, IA 52001
I J0 //A( v i c ) , on behalf of My Brother's Place, hereby knowingly
and voluntarily acknowledge that:
a) My Brother's Place received the notice regarding the above referenced
case.
b) My Brother's Place admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) My Brother's Place waives a hearing and submits to the statutory
penalties prescribed by law.
d) My Brother's Place understands that this penalty 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.
My Brother's Place has a liquor license for 1850 Central Avenue. Violation of the liquor
license occurred as follows:
Violation Date Violation Type Violation Number
March 22, 2013 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
My Brother's Place 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, My Brother's Place chooses the following penalty:
❑ Five hundred dollar ($500.00) fine
Fourteen (14) day liquor license suspension
The suspension of the liquor license must be served as follows:
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�_ 5 - 13 /3 6-7-13 6 -8 -ly
(7/0•.3 �, -�/ -i3 6- f;) -i3 6-./1-1? _ 6 Y -/7
My Brother's Place
64 gnature
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Name — Please Print
5//i/3
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Da
Total: Fourteen (14) days
Signature
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 suspension of the liquor license be served as outlined.
PASSED AND APPROVED this 3rd day of June , 2013
Roy D. Bgfol, Mayor
Attest: