Alcohol Compliance Penalty_Olive Garden Italian RestaurantMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Olive Garden Italian Restaurant #1516
DATE: November 12, 2013
Dubuque
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AI- America City
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2007 • 2012 • 2013
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Olive Garden Italian Restaurant #1516, 3350 Dodge Street.
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 — Olive Garden Italian Restaurant #1516
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Olive Garden Italian Restaurant #1516.
BACKGROUND
Olive Garden Italian Restaurant #1516 has a liquor license for its establishment at 3350
Dodge Street in the City of Dubuque. On August 9, 2012 and August 21, 2013 the
Dubuque Police Department did an alcohol compliance check at Olive Garden Italian
Restaurant #1516 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. Olive Garden Italian Restaurant #1516 has
chosen to pay a $15,000 fine for a second violation. The thirty (30) day suspension of
their liquor license is suspended provided there are no further violations for a twelve
(12) month probationary period. Suspension information and related terms of the
settlement are detailed in the attached settlement agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Olive Garden Italian Restaurant #1516 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: Olive Garden Italian
Restaurant #1516
3350 Dodge Street
Dubuque, IA 52003
GMRI Inc.
1000 Garden Center Drive
Orlando, FL 32837
Colleen M. Hunter , on behalf of Olive Garden Italian Restaurant #1516,
hereby knowingly and voluntarily acknowledge that:
a) Olive Garden Italian Restaurant #1516 received the notice regarding the
above referenced case.
b) Olive Garden Italian Restaurant #1516 admits that the facts and
allegations contained in the Complaint, which is attached hereto and
incorporated herein by reference, are true and correct.
c) Olive Garden Italian Restaurant #1516 waives a hearing and submits to
the statutory penalties prescribed by law.
d) Olive Garden Italian Restaurant #1516 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.
Olive Garden Italian Restaurant #1516 has a liquor license for 3350 Dodge Street.
Violations of the liquor license occurred as follows:
Violation Date
August 9, 2012
August 21, 2013
Violation Type
Alcohol Violation
Alcohol Violation
Violation Number
1St Violation
2nd Violation
At this time, Olive Garden Italian Restaurant #1516 has one (1) alcohol violation
pending. Under the foregoing Iowa Code and City of Dubuque Code of Ordinances
provisions, Olive Garden Italian Restaurant #1516 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, Olive Garden Italian Restaurant #1516 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
d ate
o 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
o 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
X, 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
ix 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
o 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 violation within the probationary period, the days which were suspended must be served.
Initials:
0,0,‘- Date: fe * (( 3
Olive Garden Italian Restaurant #1516
GMRI, Inc.
By:
Signature
/WA--
Colleen M. Hunter, Assistant Secretary
Signature
Name — Please Print Name — Please Print
10/25/13
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 be remitted by Olive Garden Italian Restaurant #1516 on or before
Friday, December 13, 2013.
The City Council acknowledges that the employee who acted illegally was terminated
on August 21, 2013, scanners have been purchased for use on all alcohol sales, and all Olive
Garden Italian Restaurant #1516 current team members will complete I -Pact. Training no later
than November 8, 2013 and all new team members will be trained when hired, as outlined and
approved by the Chief of Police.
Attest:
PASSED AND APPROVED this ,`day of
r
Kevin ' irnstahl, City lerk
, 20.
Roy D. B , Mayor