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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 band 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.