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Alcohol Licenese ApplicationsMasterpiece on the Mississippi Dubuque braid AI- America City IIIii! 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Liquor License Renewal for the following: • Crust Italian Kitchen and Bar, 299 Main Street • Eagle Country Market, 1800 Elm Street • Los Aztecas Mexican Restaurant, 2700 Dodge Street • Mystique Community Ice Center, 1800 Admiral Sheehey Drive • Wal -Mart Supercenter #2004, 4200 Dodge Street DATE: August 29, 2013 Chief of Police Mark Dalsing recommends approval of the annual liquor license renewal for the businesses of Crust Italian Kitchen and Bar, 299 Main Street; Eagle Country Market, 1800 Elm Street; Los Aztecas Mexican Restaurant, 2700 Dodge Street; Mystique Community Ice, Center 1800 Admiral Sheehey Drive; and Wal -Mart Supercenter #2004, 4200 Dodge Street. 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 Dalsing, Chief of Police THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi DATE: August 28, 2013 TO: Michael C. Van Milligen City Manager FROM: Mark Dalsing Chief of Police RE: Liquor License Renewal for the following: • Crust Italian Kitchen and Bar, 299 Main Street • Eagle Country Market, 1800 Elm Street • Los Aztecas Mexican Restaurant, 2700 Dodge Street • Mystique Community Ice Center, 1800 Admiral Sheehey Drive • Wal -Mart Supercenter #2004, 4200 Dodge Street 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 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 1 DISCUSSION Crust Italian Kitchen and Bar, 299 Main Street Since the last renewal date there have been 44 calls for service to the establishment. There was one disturbance, three crimes against persons, one crime against property, and one public morals call. Additionally, there was one individual violation and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -57278 Domestic assault - simple Handled by Officer 12 -59917 Assault -no injury Public Intoxication 13 -2620 Disturbance -loud music Handled By Officer 13 -3898 Public morals - possession of controlled substance Offense Report Filed 13 -15551 Criminal mischief - motor - vehicle Offense Report Filed 13 -37003 Domestic assault - simple Offense Report Filed Eagle Country Market, 1800 Elm Street Since the last renewal date there have been 75 calls for service to the establishment. There were five disturbances, four crimes against persons, 23 crimes against property, and two public morals calls. Additionally, there were 16 individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -42411 Assault -with injury Offense Report Filed 12 -45217 Burglary -motor vehicle Offense Report Filed 12 -47265 Disturbance - verbal Handled By Officer 12 -50271 Harassment -in person Handled By Officer 12 -51228 Theft - forgery Forgery 12 -51918 Assault -no injury Offense Report Filed 12 -53725 Disturbance - verbal Handle By Officer 12 -54633 Theft - alcohol Theft 5'" Degree, Possession of Drug Paraphernalia, Possession of Alcohol Under Legal Age 12 -55644 Theft -purse Mail Out Sent 12 -57618 Theft - groceries Handled By Officer 12 -57659 Theft - alcohol Handled By Officer 12 -58074 Theft - alcohol Theft 5'" Degree, Possession of Alcohol Under Legal Age 13 -46 Public Morals- possession of controlled substance Handled By Officer 13 -570 Public Morals- possession of drug paraphernalia Handled By Officer 13 -721 Theft - groceries Theft 5'" Degree X2 12 -3333 Theft -money Theft 2nd Degree 12 -3343 Theft - alcohol Theft 5'" Degree, Public Intoxication 13 -4502 Theft - alcohol Dispatcher Handled 13 -5046 Theft - alcohol Offense Report Filed 13 -13140 Theft -money Offense Report Filed 13 -19713 Theft - forgery Offense Report Filed 2 13 -21930 Theft - groceries Offense Report Filed 13 -22590 Theft - alcohol Offense Report Filed 13 -23125 Theft -money Offense Report Filed 13 -25651 Theft - groceries Theft 5'" Degree 13 -25815 Theft - groceries Offense Report Filed 13 -25894 Theft - alcohol Theft 5'" Degree, Possession of Alcohol Under Legal Age 13 -27560 Disturbance - verbal Handled By Officer 13 -27589 Disturbance - verbal Handled By Officer 13 -29342 Disturbance - verbal Handled By Officer 13 -30070 Theft - forgery Offense Report Filed 13 -30627 Harassment -in person Handled By Officer 13 -37892 Theft - alcohol Theft 5'" Degree, Public Intoxication 13 -38866 Theft - alcohol Offense Report Filed Los Aztecas Mexican Restaurant, 2700 Dodge Street Since the last renewal date there have been eight calls for service to the establishment. There was one disturbance, one crime against persons, no crimes 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 13 -7275 Assault -no injury Handled By Officer 13 -19284 Disturbance- noise Handled By Officer Mystique Community Ice Center, 1800 Admiral Sheehey Drive Since the last renewal date there have been 21 calls for service to the establishment. There were no disturbances, three crimes against persons, three 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 -48412 Theft - beaver traps Mail Out Sent 12 -55534 Domestic order violation No Contact Order Violation 12 -60314 Domestic order violation Handled By Officer 13 -13941 Harassment -in person Handled By Officer 13 -16959 Theft - hockey sticks Offense Report Filed 13 -35604 Theft - cellular phone Offense Report Filed Wal -Mart Supercenter #2004, 4200 Dodge Street Since the last renewal date there have been 202 calls for service to the establishment. There were six disturbances, nine crimes against persons, 102 crimes against property, and five public morals calls. Additionally, there were 77 individual violations and no violations against the business. DPD Case # Type of Call /Circumstances Disposition 12 -42201 Theft - shoplifting Handled By Officer 12 -42578 Theft - financial Offense Report Filed 12 -43660 Theft - shoplifting Theft -5Th Degree 12 -43686 Public morals - public intoxication Public Intoxication, Public 3 4 Urination, Possession Of A Controlled Substance 12 -44338 Theft - financial Handled By Officer 12 -44918 Disturbance - verbal Mental Health Intervention Report 12 -45111 Assault- domestic Offense Report Filed 12 -45731 Distance - verbal Handled By Officer 12 -47516 Burglary -motor vehicle Offense Report Filed 12 -48853 Theft - shoplifting Offense Report Filed 12 -48863 Theft - shoplifting Offense Report Filed 12 -49463 Theft - shoplifting Theft -4'" Degree 12 -52070 Theft -cash Offense Report Filed 12 -52929 Theft - wallet Mail Out Sent 12 -53042 Theft - shoplifting Theft -5'" Degree 12 -55100 Theft - shoplifting Theft -5'" Degree 12 -56247 Theft - shoplifting Theft -5'" Degree 12 -56470 Theft - shoplifting Theft -5'" Degree 12 -56597 Theft - shoplifting Theft -5'" Degree 12 -56615 Theft - shoplifting Handled By Officer 12 -57003 Harassment -in person Offense Report Filed 12 -57277 Theft - shoplifting Offense Report Filed 12 -57869 Theft - shoplifting Theft -5'" Degree 12 -58525 Theft - shoplifting Theft -3m Degree 12 -58704 Theft - shoplifting Theft -5'" Degree 12 -58729 Theft - shoplifting Handled By Officer 12 -59816 Theft - financial Offense Report Filed 12 -60425 Theft - shoplifting Theft -5'" Degree (2) 12 -60832 Theft - shoplifting Theft -5'" Degree (2) 12 -60973 Theft - shoplifting Handled By Officer 12 -61978 Theft - shoplifting Theft -3m Degree 12 -62031 Theft - shoplifting Theft -3ftl Degree, Interference With Official Acts 12 -62409 Theft - shoplifting Theft -4'" Degree (2) 12 -63040 Theft - shoplifting Theft -4'" Degree 13 -554 Theft - shoplifting Theft -4'" Degree 13 -573 Theft - shoplifting Theft -5'" Degree 13 -593 Theft - shoplifting Theft -5'" Degree 13 -696 Theft - shoplifting Offense Report Filed 13 -2431 Theft - shoplifting Offense Report Filed 13 -2490 Theft - shoplifting Offense Report Filed 13 -2813 Theft - shoplifting Theft -4'" Degree (2) 13 -3280 Theft - shoplifting Theft -5'" Degree (2) 13 -3417 Assault- bodily injury Assault Causing Bodily Injury 13 -3583 Theft - shoplifting Theft -5'" Degree (2), Interference With Official Acts 13 -4004 Theft - vehicle Operating A Motor Vehicle Without The Owner's Consent 13 -4127 Assault -no injury Handled By Officer 13 -4478 Theft - financial Offense Report Filed 13 -4919 Theft - financial Offense Report Filed 13 -5453 Theft - shoplifting Theft -5'" Degree (2) 13 -5623 Theft -cell phone Offense Report Filed 4 13 -6088 Theft - shoplifting Theft -5'" Degree 13 -6250 Theft - shoplifting Theft -5'" Degree 13 -6547 Theft - shoplifting Theft -5'" Degree 13 -6973 Theft - shoplifting Theft -5'" Degree 13 -7573 Theft - shoplifting Theft -5'" Degree 13 -8377 Theft - shoplifting Theft -5'" Degree 13 -8686 Theft - shoplifting Offense Report Filed 13 -9338 Theft - shoplifting Theft -5'" Degree 13 -10056 Theft - shoplifting Theft -5'" Degree (2) 13 -10118 Domestic Order Violation Violation Of A No- Contact Order 13 -10428 Theft - shoplifting Theft -5'" Degree 13 -10532 Theft - shoplifting Offense Report Filed 13 -10673 Public morals - fraudulent practices Report Filed 13 -10985 Theft - shoplifting Field Interview Filed 13 -11144 Theft - shoplifting Theft -5'" Degree 13 -11339 Public morals- indecent exposure Report Filed 13 -11356 Theft - shoplifting Theft -5'" Degree 13 -11627 Theft - shoplifting Handled By Officer 13 -13050 Theft - shoplifting Offense Report Filed 13 -13333 Theft - shoplifting Theft-2n° Degree 13 -13349 Theft - shoplifting Theft -5'" Degree 13 -13511 Public Morals- controlled substance Gone On Arrival 13 -14473 Theft - shoplifting Offense Report Filed 13 -15403 Theft - shoplifting Handled By Officer 13 -15709 Theft - shoplifting Theft -5'" Degree 13 -16486 Theft - shoplifting Theft -5'" Degree 13 -16520 Theft - shoplifting Theft -5'" Degree 13 -17684 Theft - shoplifting Offense Report Filed 13 -17686 Public Morals- controlled substance Possession of Drug Paraphernalia 13 -17944 Theft - shoplifting Theft -5th Degree X (2) 13 -19719 Disturbance - verbal Handled By Officer 13 -20320 Theft - shoplifting Handled By Officer 13 -20959 Theft - shoplifting Handled By Officer 13 -21120 Theft - shoplifting Theft -5'" Degree 13 -21150 Theft - shoplifting Theft -4'" Degree 13 -21268 Theft - shoplifting Theft -5'" Degree 13 -21314 Theft - shoplifting Theft -5'" Degree 13 -21613 Theft - shoplifting Theft -5'" Degree 13 -21692 Theft - shoplifting Theft -5'" Degree X (2) 13 -24021 Theft - shoplifting Theft -5'" Degree 13 -24674 Theft - shoplifting Offense Report Filed 13 -25943 Disturbance - verbal Handled By Officer 13 -27294 Theft - shoplifting Handled By Officer 13 -27320 Child Endangerment Offense Report Filed 13 -27463 Theft - shoplifting Offense Report Filed 13 -27854 Theft - shoplifting Handled By Officer 13 -29499 Theft - shoplifting Offense Report Filed 13 -29961 Theft - shoplifting Theft -5'" Degree 13 -30119 Theft - shoplifting Field Interview Filed 13 -30716 Disturbance - verbal Handled By Officer 13 -31545 Theft - shoplifting Theft -5'" Degree 13 -32873 Theft - shoplifting Theft -5'" Degree 13 -33855 Theft - shoplifting Theft -5'" Degree 5 13 -34566 Theft/forgery Handled By Officer 13 -34715 Theft - shoplifting Offense Report Filed 13 -34735 Theft - shoplifting Theft -2 "a Degree X (2) 13 -34932 Theft - shoplifting Offense Report Filed 13 -35379 Theft - shoplifting Offense Report Filed 13 -35427 Harassment -in person Handled BY Officer 13 -35607 Theft - shoplifting Report Filed 13 -36245 Assault -no bodily injury Offense Report Filed 13 -36378 Theft - shoplifting Theft -4'" Degree 13 -37273 Burglary -motor vehicle Handled By Officer 13 -37340 Theft - shoplifting Offense Report Filed 13 -37436 Theft - shoplifting Theft -5'" Degree 13 -37447 Theft - shoplifting Offense Report Filed 13 -38757 Theft - shoplifting Offense Report Filed 13 -38877 Theft - shoplifting Offense Report Filed 13 -38894 Theft - shoplifting Handled By Officer 13 -38896 Disturbance - verbal Handled By Officer 13 -38928 Theft - shoplifting Theft -4'" Degree, Unlawful Possession of Prescription Medication 13 -39049 Theft - shoplifting Handled By Officer 13 -39330 Theft - shoplifting Offense Report Filed RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the annual liquor license for Crust Italian Kitchen and Bar, 299 Main Street; Eagle Country Market, 1800 Elm Street; Los Aztecas Mexican Restaurant, 2700 Dodge Street; Mystique Community Ice Center 1800 Admiral Sheehey Drive and Wal -Mart Supercenter #2004, 4200 Dodge Street. ACTION REQUESTED Action requested is for City Council consideration to approve the liquor license renewal for Crust Italian Kitchen and Bar, 299 Main Street; Eagle Country Market, 1800 Elm Street; Los Aztecas Mexican Restaurant, 2700 Dodge Street; Mystique Community Ice Center 1800 Admiral Sheehey Drive and Wal -Mart Supercenter #2004, 4200 Dodge Street. cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kevin Firnstahl, City Clerk 6 RESOLUTION NO. 281 -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: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation. Renewals Crust Italian Kitchen and Bar 299 Main St. Class C Liquor, Class B Wine (Catering) (Outdoor) (Sunday) Eagle Country Market 1800 Elm St. Class E Liquor, Class B Wine, Class C Beer (Carryout Beer) (Sunday) Los Aztecas Mexican Rest. 2700 Dodge St. Class C Liquor (Sunday) Mystique Community Ice Center 1800 Admiral Sheehey Dr. Class C Liquor (Sunday) Wal -Mart Supercenter #2004 4200 Dodge St. Class E Liquor, Class B Wine, Class C Beer (Carryout Beer) (Sunday) New West Dubuque Tap 1701 Asbury Class C Liquor (Sunday) Special Event Four Mounds Foundation 4900 Peru Rd. Special Class C Liquor (Beer/Wine) Passed, approved and adopted this 3rd day of Septemb �, 213. Attest: Kev S. Firnsta I, Clerk Roy D. Buhl, Mayor