Alcohol Compliance Violation_Murph's South End TapTHE 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 - Murph's South End Tap
DATE: July 14, 2014
Dubuque
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AI -America City
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2007 • 2012 • 2013
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Murphy's South End Tap, 55 Locust 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
July 14, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Da'sing
Chief of Police
RE: Settlement Agreement — Murph's South End Tap
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Murph's South End Tap.
BACKGROUND
Murph's South End Tap has a liquor license for its establishment at 55 Locust Street in
the City of Dubuque. On May 23, 2014 the Dubuque Police Department did an alcohol
compliance check at Murph's South End Tap 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. Murph's South End Tap 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. Murph's South End Tap 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: Murphs South End Tap
55 Locust
Dubuque, IA 52001
Pamela Murphy
55 Locust
Dubuque, IA 52001
I, Pim 1)A , on behalf of Murphs South End Tap, hereby
knowingly and volun ri acknowledge that:
a) Murphs South End Tap received the notice regarding the above
referenced case. .
b) Murphs South End Tap admits that the facts and allegations contained in •
the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Murphs South End Tap waives a hearing and submits to the statutory
penalties prescribed by law.
d) Murphs South End Tap 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.
Murphs South End Tap has a liquor license for 55 Locust. Violation of the liquor license
occurred as follows:
Violation Date Violation Type Violation Number
May 23, 2014 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Murphs South End Tap 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, Murphs South End Tap chooses one of the following penalties:
rE(' Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Murphs South End Tap
Signature
Signature
(pa- A-
Name — Please Print Name — Please Print
Date 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 Murphs South End Tap to
the City of Dubuque — Police Department.
PASSED AND APPROVED thia day of
Attest:
D /k.p
Roy D. Buy! Mayor