Alcohol Compliance Violation_Main Street Steak and ChophouseMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Main Street Steak and Chophouse
DATE: February 13, 2014
Dubuque
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AI- America City
1
2007 • 2012 • 2013
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Main Street Steak and Chophouse, 342 Main Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael 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
February 4, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Da'sing
Chief of Police
RE: Settlement Agreement — Main Street Steak and Chophouse
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Main Street Steak and Chophouse.
BACKGROUND
Main Street Steak and Chophouse has a liquor license for its establishment at 342 Main
Street in the City of Dubuque. On November 15, 2013 the Dubuque Police Department
did an alcohol compliance check at Main Street Steak and Chophouse 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. Main Street Steak and Chophouse has
chosen a five hundred dollar ($500.00) fine and has submitted their payment.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Main Street Steak and Chophouse 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: Main Street Steak and Chophouse : Main Street Steak and Chophouse Inc
342 Main Street : 342 Main Street
Dubuque, IA 52001 : Dubuque, IA 52001
•
V'vi1f\I Ve►ik on behalf of Main Street Steak and Chophouse,
hereby knowingly and voluntarily acknowledge that:
a) Main Street Steak and Chophouse received the notice regarding the
above referenced case,
b) Main Street Steak and Chophouse admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Main Street Steak and Chophouse waives a hearing and submits to the
statutory penalties prescribed by law.
d) Main Street Steak and Chophouse 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.
Main Street Steak and Chophouse has a liquor license for 342 Main Street. Violation of
the liquor license occurred as follows:
Violation Date Violation Type Violation Number
November 15, 2013 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Main Street Steak and Chophouse 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, Main Street Steak and Chophouse chooses one of the following penalties:
D4 Five hundred dollar ($500.00) fine
o Fourteen (14) day liquor license suspension
Main Street Steak and Chophouse
Signature
\r&4.4,,, }J ltI(k ice.
Name — Please Print
Date
Signature
Name — Please Print Matthew J. Kluesner
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 Main Street Steak and
Chophouse to the City of Dubuque — Police Department.
PASSED AND APPROVED this 17thday of February , 2014
Attest:
key' Finis ahl, Ci
y
Roy D. Buo ayor