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Alcohol Compliance Violation_Jumpers Sports Bar & GrillMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Jumpers Sports Bar & Grill 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 Jumpers Sports Bar & Grill, 2600 Dodge 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 20, 2013 TO: Michael C. Van Milligen City Manager FR: Mark M. Da'sing Chief of Police RE: Settlement Agreement — Jumpers Sports Bar & Grill INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Jumpers Sports Bar & Grill. BACKGROUND Jumpers Sports Bar & Grill has a liquor license for its establishment at 2600 Dodge Street in the City of Dubuque. On July 24, 2013 the Dubuque Police Department did an alcohol compliance check at Jumpers Sports Bar & Grill 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. Jumpers Sports Bar & Grill 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. Jumpers Sports Bar & Grill 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: Jumpers Sports Bar & Grill 2600 Dodge Street Dubuque, IA 52003 Blue Sky 4 Ltd. 2600 Dodge Street Dubuque, IA 52003 I, Wit CY)0 , on behalf of Jumpers Sports Bar & Grill, hereby knowingly and voluntarily acknowledge that: a) Jumpers Sports Bar & Grill received the notice regarding the above referenced case. b) Jumpers Sports Bar & Grill admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Jumpers Sports Bar & Grill waives a hearing and submits to the statutory penalties prescribed by law. d) Jumpers Sports Bar & Grill 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. Jumpers Sports Bar & Grill has a liquor license for 2600 Dodge Street. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number July 24, 2013 Alcohol Violation 1St Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Jumpers Sports Bar & Grill 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, Jumpers Sports Bar & Grill chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Jumpers Sports Bar & Grill Julie Om) Name — Please Print 4/7 bg Date Signatu e Name — Please Print °l- kc't -13 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 Jumpers Sports Bar & Grill to the City of Dubuque — Police Department. PASSED AND APPROVED this Pday o , 20/5. Roy D. Bu/ , Mayor Attest: