Alcohol Compliance Violation_Bar XTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Bar X
DATE: February 26, 2014
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 Bar -X, 2616 Windsor Avenue.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
be/1144 ,,,,
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Mark Dalsing, Chief of Police
THE CITY OF
DUB TE MEMORANDUM
Masterpiece on the Mississippi
February 26, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement — Bar -X
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Bar -X.
BACKGROUND
Bar -X has a liquor license for its establishment at 2616 Windsor Avenue in the City of
Dubuque. On November 1, 2013 the Dubuque Police Department did an alcohol
compliance check at Bar -X 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. Bar -X has chosen a fourteen (14) day
suspension and has submitted their signed agreement. The dates of the suspension
are detailed in the attached agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Bar -X 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 the Mayor's signature of the attached
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance - 1st Violation
RE: Bar -X Linda Kay Atkinson
2616 Windsor Avenue 1206 Lincoln
Dubuque, IA 52001 •Dubuque, IA 52001
1, Linda Atkinson , on behalf of Bar -X, hereby knowingly and voluntarily
acknowledge that:
a) Bar -X received the notice regarding the above referenced case.
b) Bar -X admits that the facts and allegations contained in the Complaint,
which is attached hereto and incorporated herein by reference, are true and
correct.
c) Bar -X waives a hearing and submits to the statutory penalties prescribed
by law.
d) Bar -X understands that this penalty 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.
Bar -X has a liquor license for 2616 Windsor Avenue. Violation of the liquor license
occurred as follows:
Violation Date Violation Tvpe Violation Number
November 1, 2013 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Bar -X 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, Bar -X chooses the following penalty:
❑ Five hundred dollar ($500.00) fine
X Fourteen (14) day liquor license suspension
The suspension of the liquor license must be served as follows:
Monday, April 28, 2014
Monday, May 12, 2014
Monday, May 19, 2014
Monday, June 2, 2014 —
— Sunday, May 4, 2014
— Tuesday, May 13, 2014
— Wednesday, May 21, 2014
Tuesday, June 3, 2014
Bar -X
IV 0 A 'NV16 ni-5 V -PJ
Name -- Please Print
Date
Seven (7) Days
Two (2) Days
Three (3) Days.
Two (2) Days
Total: Fourteen (14) days
Signature
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 suspension of the liquor license be served as outlined.
Attest:
PASSED AND APPROVED this /;
Ke in irnstahl, City f Jerk