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
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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