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
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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/'