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Alcohol Coompliance Violation_Bell Tower ProductionsTHE 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 - Bell Tower Productions DATE: March 21, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Bell Tower Productions, 2728 Asbury Road. I concur with the recommendation and respectfully request Mayor and City Council approval. brilvt4 ., 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 March 20, 2014 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement — Bell Tower Productions INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Bell Tower Productions. BACKGROUND Bell Tower Productions has a liquor license for its establishment at 2728 Asbury Road in the City of Dubuque. On February 21, 2014 the Dubuque Police Department did an alcohol compliance check at Bell Tower Productions 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. Bell Tower Productions 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. Bell Tower Productions 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: Bell Tower Productions 2728 Asbury Road Dubuque, IA 52001 Bell Tower Productions 14858 West Ridge Lane #8 Dubuque, IA 52003 I, Soso, 5. �eckke\ , on behalf of Bell Tower Productions, hereby knowingly and voluntarily acknowledge that: a) Bell Tower Productions received the notice regarding the above referenced case. b) Bell Tower Productions admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Bell Tower Productions waives a hearing and submits to the statutory penalties prescribed by law. d) Bell Tower Productions 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. Bell Tower Productions has a liquor license for 2728 Asbury Road. Violation of the liquor license occurred as follows: Violation Date February 21, 2014 Violation Type Violation Number Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Bell Tower Productions 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, Bell Tower Productions chooses the following penalty: ❑ Five hundred dollar ($500.00) fine ▪ Fourteen (14) day liquor license suspension The suspension of the liquor license must be served as follows: Monday, April 28, 2014 through and including Sunday, May 11, 2014 Total: Fourteen (14) days Bell Tower Productions Name — Please Print 3/2-0A Date 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. i PASSED AND APPROVED this Attest: Kevi F'rnstahl, Ci Clerk day of Roy D. Mayor , 20/'