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Alcohol Compliance Violation_Gin Rickey's BarMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Gin Rickeys DATE: October 2, 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 Gin Rickeys, 1447 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 September 30, 2013 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement — Gin Rickeys INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Gin Rickeys. BACKGROUND Gin Rickeys has a liquor license for its establishment at 1447 Central Avenue in the City of Dubuque. On January 15, 2012 and July 19, 2013 the Dubuque Police Department did alcohol compliance checks at Gin Rickeys and employees 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. Gin Rickeys has agreed to pay a $1,500 fine for a second violation and has submitted their payment to the Police Department. They will also be serving a thirty (30) 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. Gin Rickeys 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 — 2nd Violation RE: Gin Rickeys 1447 Central Avenue Dubuque, IA 52001 HE -FR Ltd • 1447 Central Avenue • Dubuque, IA 52001 1, Tc Tl�4�l , on behalf of Gin Rickeys, hereby knowingly and voluntarily acknowledge that: a) Gin Rickeys received the notice regarding the above referenced case. b) Gin Rickeys admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Gin Rickeys waives a hearing and submits to the statutory penalties prescribed by law. d) Gin Rickeys understands that this penalty will count as an official "Second 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. Gin Rickeys has a liquor license for 1447 Central Avenue. Violations of the liquor license occurred as follows: Violation Date January 15, 2012 July 19, 2013 Violation Type Alcohol Violation Alcohol Violation Violation Number 1st Violation 2nd Violation At this time, Gin Rickeys has one (1) alcohol violation pending. Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Gin Rickeys is subject to a civil penalty and a suspension of the liquor license. In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4- 2B-16, Gin Rickeys accepts the penalties for a Second Violation — Alcohol Compliance and chooses the following option: The suspension of the liquor license Sunday, November 3, 2013 — Sunday, November 10, 2013 Sunday, November 17, 2013 Sunday, December 1, 2013 — Sunday, December 8, 2013 — Sunday, December 15, 2013 Friday, December 20, 2013 — must be served as follows: Wednesday, November 6, 2013 — Wednesday, November 13, 2013 — Wednesday, November 20, 2013 Wednesday, December 4, 2013 Wednesday, December 11, 2013 Gin Ricke Signature s Saturday, December 28, 2013 Total: Four (4) Days Four (4) Days Four (4) Days Four (4) Days Four (4) Days One (1) Day Nine (9) Days Thirty (30) Days Signature Name — Please Print Name — Please Print q -30613 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 Gin Rickeys and suspension of the liquor license be served as outlined. ] PASSED AND APPROVED this 7 'day o �'-ir—, 20/3 . Attest: Key Firnstahl, ity C erk Roy D. f.I, Mayor