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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 kital All- America City II 111! 2012 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: 3 6 -a-'1 6-3 -/3 16-<<-/2 �_ 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 3o4x/ Cr-u/ c) Name — Please Print 5//i/3 e / / //3 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: