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Alcohol Compliance Civil Penalty for Alcohol License - Diamond Jo CasinoTHE 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 - Diamond Jo Casino DATE: August 26, 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 Diamond Jo Casino, 301 Bell Street. I concur with the recommendation and respectfully request Mayor and City Council approval. 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 August 12, 2014 TO: Michael C. Van Milligen City Manager FR: Mark M. Da'sing Chief of Police RE: Settlement Agreement — Diamond Jo Casino INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Diamond Jo Casino. BACKGROUND Diamond Jo Casino has a liquor license for its establishment at 301 Bell Street in the City of Dubuque. On June 10, 2014 the Dubuque Police Department did an alcohol compliance check at Diamond Jo Casino 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. Diamond Jo Casino 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. Diamond Jo Casino 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 -151 Violation RE: Diamond Jo Casino 301 Bell Street Dubuque, IA 52001 Diamond Jo, LLC 301 Bell Street Dubuque, IA 52001 I, OWL/ £2, e , on behalf of Diamond Jo Casino, hereby knowingly and voluntarily acknowledge that: a) Diamond Jo Casino received the notice regarding the above referenced case. b) Diamond Jo Casino admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Diamond Jo Casino waives a hearing and submits to the statutory penalties prescribed by law. d) Diamond Jo Casino 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. Diamond Jo Casino has a liquor license for 301 Bell Street. Violation of the liquor license occurred as follows: Violation Date June 10, 2014 Violation Type Violation Number Alcohol Violation 15f Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Diamond Jo Casino 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- 23-16, Diamond Jo Casino chooses one of the following penalties: Five hundred dollar ($500.00) fine Fourteen (14) day liquor license suspension Diamond Jo Casino /1 Signature ithid9 sea tokd Name - Please Print 2-71-111 Date Signature. Name - Please Print Da NOTE: This must be signed by an individual alcohol licensee, or in the case of another business entity,; by individuals) 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 Diamond Jo Casino to the City of Dubuque - Police Department: PASSED AND APPROVED this 2nd day of September 2014 Roy D. Buol,layor Attest: Kevin Fimstahi, City Clprk Trish L. Gleason, Assistant City Clerk