Alcohol Compliance Violation_Denny's Lux ClubTHE 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 - Denny's Lux Club
DATE: May 23, 2014
Dubuque
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2007 • 2012 • 2013
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Denny's Lux Club, 3050 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
May 20, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Da'sing
Chief of Police
RE: Settlement Agreement — Denny's Lux Club
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Denny's Lux Club.
BACKGROUND
Denny's Lux Club has a liquor license for its establishment at 3050 Asbury Road in the
City of Dubuque. On April 11, 2014 the Dubuque Police Department did an alcohol
compliance check at Denny's Lux Club 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. Denny's Lux Club 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. Denny's Lux Club 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: Denny's Lux Club
3050 Asbury Road
Dubuque, IA 52001
Denny's Lux Club, LLC
3050 Asbury Road
Dubuque, IA 52001
I, ` l/ , on behalf of Denny's Lux Club, hereby knowingly and
voluntarily ac no I dge that:
a) Denny's Lux Club received the notice regarding the above referenced
case.
b) Denny's Lux Club admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Denny's Lux Club waives a hearing and submits to the statutory penalties
prescribed by law.
d) Denny's Lux Club 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.
Denny's Lux Club has a liquor license for 3050 Asbury Road. Violation of the liquor
license occurred as follows:
Violation Date Violation Type Violation Number
April 11, 2014 Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Denny's Lux Club 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, Denny's Lux Club chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Den
V's Lux Club
Signature
Name — Please Print
6-1-)y-1*
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 Denny's Lux Club to the City
of Dubuque — Police Department.
PASSED AND APPROVED thii2// day of
Attest:
tG. GAS%//
Keviryt`i s ahl,`Ci y Berk
41/
Roy D.:r, Mayor