Alcohol Compliance Violation_920 Main StreetMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - 920 Main
DATE: September 20, 2013
Dubuque
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AI- America City
1
2007 • 2012 • 2013
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with 920 Main Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
lit/A44 (4,„7))4,„
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
September 18, 2013
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Da'sing
Chief of Police
RE: Settlement Agreement — 920 Main
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and 920 Main.
BACKGROUND
920 Main has a liquor license for its establishment at 920 Main Street in the City of
Dubuque. On July 19, 2013 the Dubuque Police Department did an alcohol compliance
check at 920 Main 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. 920 Main has chosen a five hundred dollar
($500.00) fine and has submitted their signed agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. 920 Main 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 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: 920 Main
920 Main Street
Dubuque, IA 52001
W &B Properties, LLC
1091 Thomas Place
Dubuque, IA 52001
I, NANO on behalf of 920 Main, hereby knowingly and
voluntarily acknowledge that:
a) 920 Main received the notice regarding the above referenced case.
b) 920 Main admits that the facts and allegations contained in the Complaint,
which is attached hereto and incorporated herein by reference, are true and
correct.
c) 920 Main waives a hearing and submits to the statutory penalties
prescribed by law.
d) 920 Main 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.
920 Main has a liquor license for 920 Main Street. Violation of the liquor license
occurred as follows: (903)
Violation Date Violation Type Violation Number
July 19, 2013 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
920 Main 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, 920 Main chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
I.AaA-VQui Cam l
Signature
Name — Please Print Name — Please Print
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 920 Main to the City of
Dubuque — Police Department.
PASSED AND APPROVED this _7 day of
Attest:
20 /3.