Alcohol Complliance Penalty_Mindframe TheatersMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Mindframe Theaters
DATE: November 12, 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 Mindframe Theaters, 555 JFK #105.
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
November 8, 2013
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement — Mindframe Theaters
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Mindframe Theaters.
BACKGROUND
Mindframe Theaters has a liquor license for its establishment at 555 JFK #105 in the
City of Dubuque. On April 5, 2012 and July 31, 2013 the Dubuque Police Department
did an alcohol compliance check at Mindframe Theaters 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. Mindframe Theaters has chosen to pay a
$1,500 fine for a second violation. They will also be serving a thirty (30) day suspension
of their liquor license. The suspension dates and payment information is detailed in the
attached settlement agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Mindframe Theaters 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 — 2"d Violation
•
RE: Mindframe Theaters Mindframe Multimedia LLC
555 JFK #105 . 555 JFK #105
Dubuque, IA 52001 Dubuque, IA 52001
I, 4,,j �l 7ioj,'S- 641 , on behalf of Mindframe Theaters, hereby knowingly
and volun{arily acknow ?edge that:
a) Mindframe Theaters received the notice regarding the above referenced
case.
b) Mindframe Theaters admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Mindframe Theaters waives a hearing and submits to the statutory
penalties prescribed by law.
d) Mindframe Theaters 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.
Mindframe Theaters has a liquor license for 555 JFK #105. Violations of the liquor
license occurred as follows:
Violation Date
April 5, 2012
July 31, 2013
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1st Violation
2nd Violation
At this time, Mindframe Theaters has one (1) alcohol violation pending. Under the
foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Mindframe
Theaters 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, Mindframe Theaters accepts the penalties for a Second Violation — Alcohol
Compliance and chooses the following option:
Please choose one (1) of the following options:
Option #1
✓ One thousand five hundred dollar ($1,500) fine
✓ Thirty (30) day suspension of the license
❑ Option #2
✓ Five thousand dollar ($5,000) fine
✓ Fourteen (14) day suspension of the license
(Thirty (30) day suspension with sixteen (16) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
❑ Option #3
✓ Seven thousand five hundred dollar ($7,500) fine
✓ Seven (7) day suspension of the license
(Thirty (30) day suspension with twenty three (23) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Two (2) of the following (please choose two):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty -one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
❑ Option #4
✓ Fifteen thousand dollar ($15,000) fine
✓ Zero (0) day suspension of the license
(Thirty (30) day suspension with thirty (30) days suspended)
✓ No further violations for a twelve (12) consecutive month probationary period*
✓ Three (3) of the following (please choose three):
❑ Terminate the employee who acted illegally
❑ Purchase and use identification scanners for use on all alcohol sales
❑ All employees at the time of the violation who may serve alcohol and continue their
employment must be trained in Training for Intervention Procedures or other training
approved by the City within ninety (90) days and all new employees hired within two (2)
years who may serve alcohol must receive the training within thirty (30) days of their hire
date
❑ Use wristbands for patrons twenty -one (21) years of age and older
❑ Hire staff to check the identification of all patrons as they enter the establishment for
days of the week and hours as determined by the Chief of Police
❑ Purchase, install, and use a system which scans photo identifications and records a
photograph of the identification and the individual using the identification to secure
entrance into the business, or other electronic system as approved by the Chief of Police
❑ Such other conditions as agreed upon between the licensee or permittee and the Chief
of Police
*If there is a vio tion within the probationary period, the days which were suspended must be served.
Initials: Date: // /ff / 3
The suspension of the liquor license must be served as follows:
Thursday, December 5, 2013 — Sunday, December 15, 2013 Eleven (11) Days
Sunday, January 12, 2014 — Thursday, January 30, 2014 Nineteen (19) Days
Total: Thirty (30) Days
Mindfra e Theaters
Sign -tur- ' Signature
5) vv
Name — Please Print
Date
Name — Please Print
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 be remitted by Mindframe Theaters on or before Friday, November
1, 2013 .. and suspension of the liquor license be served as outlined.
PASSED AND APPROVED this
Attest:
Ke ' Firnstahl, CI
y
Clerk
ay of
,2
/3.
Roy D. Bu , Mayor