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Alcohol License Applications 3 17 14THE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque band AI -America City r 2007 • 2012 • 2013 SUBJECT: Liquor License Renewal for the following: • Dubuque Arboretum Association Inc., 3800 Arboretum Drive • Eagles Club, 1175 Century Drive • Exxtreme Pub, 1701 Central Avenue • Hy -Vee #3, 400 Locust Street • Hy -Vee Gas #3, 300 Locust Street • Kwik Stop Food Mart, 2360 Central Avenue • Mindframe Theaters, 555 John F. Kennedy Road #105 • Mystique Casino, 1855 Greyhound Park Drive • Neighbor's Tap, 1899 Rockdale Road • Salsa's Mexican Restaurant, 1091 Main Street • Yardarm Restaurant/Bar, 1201 Shiras Avenue Extension DATE: March 11, 2014 Chief of Police Mark Dalsing recommends approval of the annual liquor license renewal for the businesses of Dubuque Arboretum Association Inc., 3800 Arboretum Drive; Eagles Club, 1175 Century Drive; Exxtreme Pub, 1701 Central Avenue; Hy -Vee #3, 400 Locust Street; Hy -Vee Gas #3, 300 Locust Street; Kwik Stop Food Mart, 2360 Central Avenue; Mindframe Theaters, 555 John F. Kennedy Road #105; Mystique Casino, 1855 Greyhound Park Drive; Neighbor's Tap, 1899 Rockdale Road; Salsa's Mexican Restaurant, 1091 Main Street; and Yardarm Restaurant/Bar, 1201 Shiras Avenue Extension. 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 Da!sing, Chief of Police 2 THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi DATE: March 6, 2014 TO: Michael C. Van Milligen City Manager FROM: Mark Dalsing Chief of Police RE: Liquor License Renewal for the following: • Dubuque Arboretum Association Inc., 3800 Arboretum Drive • Eagles Club, 1175 Century Drive • Exxtreme Pub, 1701 Central Avenue • Hy -Vee #3, 400 Locust Street • Hy -Vee Gas #3, 300 Locust Street • Kwik Stop Food Mart, 2360 Central Avenue • Mindframe Theaters, 555 John F. Kennedy Road #105 • Mystique Casino, 1855 Greyhound Park Drive • Neighbor's Tap, 1899 Rockdale Road • Salsa's Mexican Restaurant, 1091 Main Street • Yardarm Restaurant/Bar, 1201 Shiras Avenue Extension INTRODUCTION The purpose of this memorandum is to recommend the annual renewal of the above liquor license establishments and to highlight the calls for service related to incidences of disturbances, crimes against persons, crimes against property, and public morals occurring at the business since the last liquor license renewal. BACKGROUND Regarding the listed establishments, the following is a summary of activity since their last renewal. The following key provides a brief description of those calls for service displaying four areas of concern. Disturbances Includes physical fighting, verbal arguments, loud music and/or subjects and all other disorderly behavior not already listed Crimes Against Persons Includes Assault and Harassment Crimes Against Property Includes Burglary, Criminal Mischief and Theft Public Morals Includes Public Intoxication and Possession of Controlled Substances 1 DISCUSSION Dubuque Arboretum Association Inc., 3800 Arboretum Drive Since the last renewal date there have been seven calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. Eagles Club, 1175 Century Drive Since the last renewal date there have been 11 calls for service to the establishment. There were no disturbances, one crime against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 13-50981 Assault — simple Offense Report Filed Exxtreme Pub, 1701 Central Avenue Since the last renewal date there have been 107 calls for service to the establishment. There were 33 disturbances, five crimes against persons, eight crimes against property, and 12 public morals calls. Additionally, there were 40 individual violations and one violation against the business. DPD Case # Type of Call/Circumstances Disposition 13-10469 Assault — active Disorderly Conduct 13-12640 Public morals — intoxication Public Intoxication, Public Urination 13-13867 Disturbance — active verbal Handled By Officer 13-13882 Disturbance—active verbal Public Intoxication 13-15172 Public morals — intoxication Public Intoxication, Disorderly Conduct 13-17699 Disturbance — music/noise Handled By Officer 13-18577 Theft—cellular phone Offense Report Filed 13-18626 Disturbance—active verbal Public Intoxication 13-19797 Disturbance—active verbal Public Intoxication, Assault causing bodily injury 13-20881 Disturbance — music/noise Handled By Officer 13-23245 Assault Offense Report Filed 13-23458 Disturbance — music/noise Handled By Officer 13-23797 Assault Public Intoxication, Possession of Marijuana, Possession of Drug Paraphernalia 13-24889 Disturbance — active verbal Trespass, Disorderly Conduct 13-24928 Public morals — intoxication Public Intoxication 13-25090 Theft — video player Offense Report Filed 13-25723 Assault Public Intoxication, Disorderly Conduct 13-25742 Disturbance — active verbal Handled By Officer 13-25752 Disturbance — active verbal Handled By Officer 13-28378 Trespass — active Field Interview Filed 2 13-28590 Disturbance — active verbal Handled By Officer 13-30218 Trespass — active Report Filed 13-30720 Disturbance — active verbal Handled By Officer 13-31578 Disturbance — kids In a Bar After 9PM While Under Age 21 (X3) 13-33738 Disturbance — active verbal Handled By Officer 13-34647 Assault Public Intoxication 13-35969 Disturbance—active verbal Public Intoxication 13-36153 Disturbance — active verbal Handled By Officer 13-36375 Theft Mail Out Sent 13-28396 Disturbance—active verbal Public Intoxication, Possession of Drug Paraphernalia 13-38897 Disturbance Public Intoxication 13-42428 Disturbance — active verbal Handled By Officer 13-42617 Public morals — intoxication Public Intoxication 13-43137 Public morals — intoxication Public Intoxication 13-43144 Public morals — intoxication Possession of Marijuana, Possession of Drug Paraphernalia, In a Bar After 9PM While Under Age 21 13-43661 Public morals — intoxication Handled By Officer 13-43864 Public morals — intoxication Cleared By Fire 13-45939 Public morals — intoxication Public Intoxication 13-47125 Disturbance—active verbal Public Intoxication 13-47128 Disturbance — active verbal Handled By Officer 13-47274 Disturbance—active verbal Public Intoxication 13-47288 Disturbance — active verbal Report Filed 13-47307 Disturbance — active verb al Handled By Officer 13-47585 Disturbance — active verbal Handled By Officer 13-47971 Disturbance — active verbal Handled By Officer 13-48152 Disturbance — music/noise Handled By Officer 13-49601 Domestic order violation — cold Handled By Officer 13-51616 Disturbance — active verbal Offense Report Filed 13-52906 Disturbance — active verbal Handled By Officer 13-56862 Theft — coat Offense Report Filed 13-57055 Disturbance — cold verbal Unlawful Possession of Prescription Drugs 13-57061 Disturbance — active verbal Handled By Officer 13-57860 Tavern Inspection Advertising a Specific Brand of Alcohol 13-58110 Theft Public Intoxication 14-57 Theft — coat Offense Report Filed 14-2129 Suspicious person Public Intoxication, Possession of Drug Paraphernalia 14-2734 Public morals — intoxication Public Intoxication, Interference 14-6581 Disturbance — active physical Disorderly Conduct Hy -Vee #3, 400 Locust Street Since the last renewal date there have been 93 calls for service to the establishment. There were four disturbances, three crimes against persons, 49 crimes against 3 property, and two public morals calls. Additionally, there were 55 individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 13-10425 Public morals -prohibited acts Offense Report Filed 13-15108 Harassment -in person Handled By Officer 13-15381 Criminal mischief Handled By Officer 13-15984 Harassment -in person Handled By Officer 13-16631 Theft Handled By Officer 13-16999 Theft Theft -5'" Degree (2), Possession Of Alcohol Under Legal Age (2) 13-17554 Theft Theft -5'" Degree 13-19685 Public morals -prohibited acts Offense Report Filed 13-21047 Theft Aggravated Theft, Public Intoxication 13-21604 Theft Theft -4'" Degree, Trespass 13-22874 Theft Forgery 13-23365 Disturbance -verbal Handled By Officer 13-23733 Disturbance -verbal Handled By Officer 13-25791 Theft Offense Report Filed 13-27577 Criminal mischief Offense Report Filed 13-29845 Theft Handled By Officer 13-32084 Burglary -motor vehicle Offense Report Filed 13-33057 Theft Theft -5'" Degree 13-33073 Theft Theft -5'" Degree 13-33087 Theft Theft -5'" Degree 13-33099 Theft Theft -5'" Degree 13-33242 Theft Theft -5'" Degree (2) 13-33284 Theft Theft -5'" Degree, Disorderly Conduct, Possession of Drug Paraphernalia 13-33387 Theft Theft -5'" Degree 13-33622 Theft Theft -5'" Degree 13-33653 Theft Theft -5'" Degree 13-33808 Theft Theft -5'" Degree, Possession of Drug Paraphernalia 13-33816 Theft Theft -5'" Degree 13-33830 Theft Theft -5'" Degree 13-33849 Criminal mischief Offense Report Filed 13-33851 Theft Theft -5'" Degree 13-34030 Theft Theft -5'" Degree 13-34155 Theft Theft -5'" Degree 13-34179 Theft Theft -5'" Degree 13-34194 Theft Theft -5'" Degree (2) 13-34210 Theft Theft -5'" Degree 13-34216 Theft Theft -5'" Degree 13-34348 Theft Theft -5'" Degree 13-34377 Theft Theft -5'" Degree 13-34404 Theft Theft -5'" Degree 13-34431 Theft Theft -5'" Degree 13-35245 Theft Theft -5'" Degree 13-37366 Disturbance -verbal Handled By Officer 4 13-45940 Disturbance -verbal Handled By Officer 13-46027 Theft Theft -4'" Degree (2), Interference With Official Acts 13-48392 Theft Theft -5'" Degree 13-51215 Theft Theft -5'" Degree 13-52907 Theft Offense Report Filed 13-53885 Robbery Robbery -2" Degree 13-53975 Theft Theft -5' Degree, Possession of Drug Paraphernalia 13-54001 Theft Theft -5'" Degree 13-54035 Theft Theft -5'" Degree (2) 13-54150 Theft Theft -5'" Degree 13-54167 Theft Theft -5'" Degree 13-55744 Theft Forgery 14-1615 Theft Theft -5" Degree 14-3191 Theft Theft -5'" Degree 14-6535 Trespass Handled By Officer Hy -Vee Gas #3, 300 Locust Street Since the last renewal date there have been 12 calls for service to the establishment. There was one disturbance, one crime against persons, three crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 13-22369 Theft Handled By Officer 13-23227 Theft Offense Report Filed 13-37750 Disturbance -verbal Offense Report Filed 13-49337 Assault Offense Report Filed 13-51201 Theft Offense Report Filed Kwik Stop Food Mart, 2360 Central Avenue Since the last renewal date there have been 57 calls for service to the establishment. There were six disturbances, two crimes against persons, 22 crimes against property, and five public morals calls. Additionally, there were four individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 13-10867 Theft—shoplifting Incident Report Filed 13-15092 Theft — gas drive off Dispatcher Handled 13-16763 Theft—shoplifting Offense Report Filed 13-18125 Theft — wood Dispatcher Handled 13-18356 Public morals — controlled substance Dispatcher Handled 13-18581 Disturbance — kids Handled By Officer 13-20121 Disturbance — kids Handled By Officer 13-20288 Disturbance — active verbal Report Filed 13-22316 Harassment — in person Handled By Officer 13-23107 Theft — shoplifting Handled By Officer 13-24026 Theft — shoplifting Handled By Officer 13-24957 Publicmorals— intoxication OWI 13-25369 Theft — shoplifting Handled By Officer 13-25372 Theft — shoplifting Handled By Officer 5 13-26279 Theft—Shoplifting Incident Report Filed 13-26428 Public morals — intoxication Public Intoxication 13-26449 Theft—shoplifting Offense Report Filed 13-29228 Public morals — intoxication Handled By Officer 13-29393 Theft—shoplifting Offense Report Filed 13-30774 Theft—wallet Handled By Officer 13-32688 Theft—shoplifting Offense Report Filed 13-34037 Theft—shoplifting Report Filed 13-34468 Theft—shoplifting Offense Report Filed 13-36759 Disturbance —verbal Complaint Cancelled 13-37807 Theft — shoplifting Theft 5'" Degree 13-38783 Theft—shoplifting Offense Report Filed 13-40504 Theft—shoplifting Offense Report Filed 13-43617 Disturbance — active verbal Handled By Officer 13 44347 Theft — gas drive off Dispatcher Handled 13-48919 Theft — gas drive off Offense Report Filed 13-51566 Public morals— controlled substance Dispatcher Handled 13-58985 Theft — gas drive off Complaint Cancelled 14-850 Theft—forgery/financial Handled By Officer 14-4386 Disturbance — active physical Handled By Officer 14-4572 Assault — causing bodily injury Public Intoxication Mindframe Theaters, 555 John F. Kennedy Road #105 Since the last renewal date there have been seven calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property, and one public morals call. Additionally, there was one individual violation and one violation against the business. DPD Case # Type of Call/Circumstances Disposition 13-35654 Public morals—tavern inspection Selling Alcohol to a Minor Mystique Casino, 1855 Greyhound Park Drive Since the last renewal date there have been 169 calls for service to the establishment. There were three disturbances, six crimes against persons, 29 crimes against property, and 20 public morals calls. Additionally, there were 60 individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 13-10240 Disturbance -verbal Report Filed 13-10328 Public Morals -intoxication Public Intoxication, Interference With Official Acts 13-10719 Public Morals -intoxication Public Intoxication 13-10745 Public Morals -intoxication Handled By Officer 13-11733 Public Morals -intoxication Public Intoxication, Unlawful Possession of Prescription Medication 13-12450 Trespass Trespass X2 13-12765 Theft Trespass 13-14990 Trespass Trespass 13-17962 Trespass Trespass 13-18188 Public Morals -intoxication Public Intoxication 6 13-18627 Assault Domestic Assault -No Injury, Unlawful Possession of Prescription Medication 13-18902 Public Morals -underage gambling Enter a Gaming Facility As a Minor, Interference With Official Acts, Use of a Slot Machine As a Minor 13-19126 Disturbance -verbal Interference With Official Acts, Interference With Official Acts Causing Injury 13-19697 Trespass Trespass 13-21730 Trespass Trespass 13-23781 Trespass Trespass 13-25355 Theft Handled By Officer 13-29268 Public Morals -intoxication Public Intoxication 13-29767 Public Morals -controlled substance Public Intoxication 13-29811 Criminal Mischief Offense Report Filed 13-32577 Public Morals -intoxication Operating While Intoxicated 13-36259 Public Morals -intoxication Public Intoxication 13-37427 Trespass Enter a Gaming Facility As a Minor 13-37775 Trespass Trespass 13-38214 Public Morals -intoxication Public Intoxication 13-40234 Trespass Trespass 13-40298 Trespass Trespass 13-40485 Theft Handled By Officer 13-42086 Assault Domestic Assault—No Injury 13-43409 Public Morals -underage gambling Gambling by a Minor 13-46304 Assault Handled By Officer 13-46750 Harassment Report Filed 13-47292 Public Morals -controlled substance Offense Report Filed 13-47432 Trespass Trespass 13-47642 Trespass Trespass 13-48687 Public Morals -intoxication Public Intoxication 13-48793 Public Morals -controlled substance Possession of Marijuana With Intent to Deliver, Possession of Drug Paraphernalia 13-50202 Public Morals -intoxication Public Intoxication 13-51608 Theft Handled By Officer 13-51809 Burglary -motor vehicle Offense Report Filed 13-51868 Theft Offense Report Filed 13-52408 Trespass Trespass 13-52753 Assault Assault -No Injury, Interference With Official Acts, Public Intoxication 13-53098 Theft Operating Motor Vehicle Without Owner's Consent 13-54172 Theft Offense Report Filed 13-57694 Public Morals -intoxication Public Intoxication, Interference With Official Acts, Possession of Drug 7 Neighbor's Tap, 1899 Rockdale Road Since the last renewal date there have been four calls for service to the establishment. There were no disturbances, one crime against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Paraphernalia 13-59017 Trespass Trespass 14-19 Public Morals -intoxication Public Intoxication 14-27 Public Morals -intoxication Public Intoxication 14-467 Disturbance -verbal Public Intoxication, Interference With Official Acts X2 14-2530 Trespass Trespass 14-3610 Assault Domestic Assault -No Injury 14-5183 Theft Offense Report Filed 14-4346 Theft Offense Report Filed 14-4384 Trespass Trespass 14-4414 Public Morals -controlled substance Possession of Marijuana, Possession of Drug Paraphernalia, Possession of Drug Paraphernalia 14-4979 Trespass Trespass 14-7953 Trespass Trespass Neighbor's Tap, 1899 Rockdale Road Since the last renewal date there have been four calls for service to the establishment. There were no disturbances, one crime against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 13-43119 Harassment — by telephone Handled By Officer Salsa's Mexican Restaurant, 1091 Main Street Since the last renewal date there have been eight calls for service to the establishment. There was one disturbance, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 13-40056 Disturbance - music/noise Handled By Officer Yardarm Restaurant/Bar, 1201 Shiras Avenue Extension Since the last renewal date there have been nine calls for service to the establishment. There was one disturbance, three crimes against persons, no crimes against property, and no public morals calls. Additionally, there were two individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 13-26214 Harassment Handled By Officer 13-28589 Assault Report Filed 13-30877 Disturbance -verbal Public Intoxication X2 13-46907 Harassment Handled By Officer 8 RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the annual liquor license for Dubuque Arboretum Association Inc., 3800 Arboretum Drive; Eagles Club, 1175 Century Drive; Exxtreme Pub, 1701 Central Avenue; Hy -Vee #3, 400 Locust Street; Hy -Vee Gas #3, 300 Locust Street; Kwik Stop Food Mart, 2360 Central Avenue; Mindframe Theaters, 555 John F. Kennedy Road #105; Mystique Casino, 1855 Greyhound Park Drive; Neighbor's Tap, 1899 Rockdale Road; Salsa's Mexican Restaurant, 1091 Main Street; and Yardarm Restaurant/Bar, 1201 Shiras Avenue Extension. ACTION REQUESTED Action requested is for City Council consideration to approve the liquor license renewal for Dubuque Arboretum Association Inc., 3800 Arboretum Drive; Eagles Club, 1175 Century Drive; Exxtreme Pub, 1701 Central Avenue; Hy -Vee #3, 400 Locust Street; Hy - Vee Gas #3, 300 Locust Street; Kwik Stop Food Mart, 2360 Central Avenue; Mindframe Theaters, 555 John F. Kennedy Road #105; Mystique Casino, 1855 Greyhound Park Drive; Neighbor's Tap, 1899 Rockdale Road; Salsa's Mexican Restaurant, 1091 Main Street; and Yardarm Restaurant/Bar, 1201 Shiras Avenue Extension. cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kevin Firnstahl, City Clerk 9 RESOLUTION NO. 83-14 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the" premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: __.---.._....._....__.—._._..:_..__--.__..._..---.._-- Renewal Dubuque Arboretum 3800 Arboretum Dr. Eagles Club 1175 Century Dr. Exxtreme Pub 1701 Central Ave. Hy -Vee #3 400 Locust St. Hy -Vee Gas #3 300 Locust St. 2360 Central Ave. Class B Native Wine (Sunday) Class C Liquor (Outdoor) (Sunday) Class C Liquor (Sunday) Class E Liquor, Class B Wine, Class C Beer (Sunday) Class C Beer, Class B Native Wine (Sunday) Kwik Stop Food Mart Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Mindframe Theaters 555 JFK #105 Special Class C Liquor (Sunday) (Beer/Wine) Mystique Casino 1855 Greyhound Park Dr. Class C Liquor (Catering)(Outdoor) (Sunday) Neighbor's Tap 1899 Rockdale Rd. Class C Liquor Salsa's Mexican Rest. 1091 Main St. Class C Liquor (Sunday) Yardarm Restaurant/ Bar 1201 Shiras Ave., Exten. Class C Liquor (Outdoor) (Sunday) New Kwik Stop 16th St 1215 East 16th St. f Class E Liquor, Class B Wine, Class C Beer (Sunday) Permanent Premise Transfer Club Heat 1 From 1700 Central Ave. (as of April 1) I to 1850 Central Ave. Class C Liquor Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Passed, approved and adopted this 17th day of March, 20 Attest: /440 IIPta % Kevin Firnstahl, City erk Roy D. Buol, Mayor