Loading...
Alcohol Compliance Violation_Lot 1THE 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 - Lot One DATE: April 28, 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 Lot One, 100 Main Street. 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 April 22, 2014 TO: Michael C. Van Milligen City Manager FR: Mark M. Da'sing Chief of Police RE: Settlement Agreement — Lot One INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Lot One. BACKGROUND Lot One has a liquor license for its establishment at 100 Main Street in the City of Dubuque. On February 21, 2014 the Dubuque Police Department did an alcohol compliance check at Lot One 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. Lot One has chosen a five hundred dollar ($500.00) fine and has submitted their signed agreement. CONCLUSION & RECOMMENDATION In accordance with Council directive, City staff has developed a penalty schedule for violators. Lot One 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: Lot One 100 Main Street Dubuque, IA 52001 Lot One, LLC 100 Main Street Dubuque, IA 52001 1, ' _,, ,,,` '\\ e:: 4 -).-WL , on behalf of Lot One, hereby knowingly and voluntarily acknowledge that: a) Lot One received the notice regarding the above referenced case. b) Lot One admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Lot One waives a hearing and submits to the statutory penalties prescribed by law. d) Lot One 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. Lot One has a liquor license for 100 Main Street. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number February 21, 2014 Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Lot One 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, Lot One chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Name — Please Print 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 foregoing civil penalty has been remitted by Lot One to the City of Dubuque — Police Department. PASSED AND APPROVED thisday of Attest: Ke n 'irnstahl, Ci Jerk ()LI 20✓( Roy D. Buoj ayor