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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 band AI- America City 1 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