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Alcohol and Tobacco License ApplicationsTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Liquor License Renewal for the following: • Club Heat, 1850 Central Avenue • Denny's Lux Club, 3050 Asbury Road • Europa Cafe of Dubuque, 4031 Pennsylvania Avenue • Fat Tuesday's, 1121 University Avenue • Grand River Center, 500 Bell Street • Los Aztecas Mexican Restaurant, 2700 Dodge Street • Lucky 13 Tap, 385 East 13th Street • The Mandolin Inn, 199 Loras Boulevard • Phillips 66/Arby's, 10 South Main • The Copper Kettle Inc., 2987 Jackson Street • Wal-Mart Supercenter #2004, 4200 Dodge Street DATE: August 26, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 Chief of Police Mark Dalsing recommends approval of the annual liquor license renewal for the businesses of Club Heat, 1850 Central Avenue; Denny's Lux Club, 3050 Asbury Road; Europa Cafe of Dubuque, 4031 Pennsylvania Avenue; Fat Tuesday's, 1121 University Avenue; Grand River Center, 500 Bell Street; Los Aztecas Mexican Restaurant, 2700 Dodge Street; Lucky 13 Tap, 385 East 13th Street; The Mandolin Inn, 199 Loras Boulevard; Phillips 66/Arby's, 10 South Main; The Copper Kettle Inc., 2987 Jackson Street; and Wal-Mart Supercenter #2004, 4200 Dodge Street. I concur with the recommendation and respectfully request Mayor and City Council approval. IA/1144 ,,,,, Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Mark Da!sing, Chief of Police 2 THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi DATE: September 2, 2014 TO: Michael C. Van Milligen City Manager FROM: Mark Dalsing Chief of Police RE: Liquor License Renewal for the following: • Club Heat, 1850 Central Avenue • Denny's Lux Club, 3050 Asbury Road • Europa Cafe of Dubuque, 4031 Pennsylvania Avenue • Fat Tuesday's, 1121 University Avenue • Grand River Center, 500 Bell Street • Los Aztecas Mexican Restaurant, 2700 Dodge Street • Lucky 13 Tap, 385 East 13th Street • The Mandolin Inn, 199 Loras Boulevard • Phillips 66/Arby's, 10 South Main • The Copper Kettle Inc., 2987 Jackson Street • Wal-Mart Supercenter #2004, 4200 Dodge Street INTRODUCTION The purpose of this memorandum is to recommend the annual renewal of the above liquor license establishments and to highlight the calls for service related to incidences of disturbances, crimes against persons, crimes against property, and public morals occurring at the business since the last liquor license renewal. BACKGROUND Regarding the listed establishments, the following is a summary of activity since their last renewal. The following key provides a brief description of those calls for service displaying four areas of concern. Disturbances Includes physical fighting, verbal arguments, loud music and/or subjects and all other disorderly behavior not already listed Crimes Against Persons Includes Assault and Harassment Crimes Against Property Includes Burglary, Criminal Mischief and Theft Public Morals Includes Public Intoxication and Possession of Controlled Substances 1 DISCUSSION Club Heat, 1850 Central Avenue Since the last renewal date there have been 10 calls for service to the establishment. There were no disturbances, five crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 14-15361 Harassment Handled By Officer 14-21277 Harassment Handled By Officer 14-23211 Harassment Handled By Officer 14-27827 Harassment Handled By Officer 14-33000 Assault -no injury Handled By Officer Denny's Lux Club, 3050 Asbury Road Since the last renewal date there have been nine calls for service to the establishment. There were no disturbances, no crimes against persons, two crimes against property, and one public morals call. Additionally, there was one individual violation and one violation against the business. DPD Case # Type of Call/Circumstances Disposition 14-17542 Criminal Mischief Offense Report Filed 14-23752 Public morals -alcohol Selling Alcohol To Person Under 21, Civil Penalty Against The Business 14-35270 Burglary Offense Report Filed Europa Cafe of Dubuque, 4031 Pennsylvania Avenue Since the last renewal date there have been four calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. Fat Tuesday's, 1121 University Avenue Since the last renewal date there have been six calls for service to the establishment. There was one disturbance, no crimes against persons, one crime against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 14-15275 Disturbance -verbal Handled By Officer 14-36240 Theft Offense Report Filed 2 Grand River Center, 500 Bell Street Since the last renewal date there have been 20 calls for service to the establishment. There were no disturbances, no crimes against persons, one crime against property, and three public morals calls. Additionally, there were three individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 14-18429 Theft Handled By Officer 14-18635 Public Morals- intoxication Public Intoxication 14-18642 Public Morals- intoxication Public Intoxication 14-24474 Public Morals- controlled substance Possession of Marijuana Los Aztecas Mexican Restaurant, 2700 Dodge Street Since the last renewal date there have been 14 calls for service to the establishment. There were no disturbances, one crime against persons, one crime against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 14-8805 Theft Handled By Officer 14-8814 Harassment Handled By Officer Lucky 13 Tap, 385 East 13th Street Since the last renewal date there have been four calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. The Mandolin Inn, 199 Loras Boulevard Since the last renewal date there have been no calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. Phillips 66/Arby's, 10 South Main Since the last renewal date there have been 16 calls for service to the establishment. There were no disturbances, three crimes against persons, two crimes against property, and four public morals calls. Additionally, there were four individual violations and two violations against the business. DPD Case # Type of Call/Circumstances Disposition 13-46703 Assault Handled By Officer 13-52855 Harassment Handled By Officer 13-54332 Criminal Mischief Offense Report Filed 14-7112 Public morals -intoxication Public Intoxication 14-9730 Public morals -intoxication Public Intoxication 14-34736 Public morals -intoxication Handled By Officer 14-13270 Public morals -alcohol and tobacco Selling Alcohol To Person Under 21, Selling Tobacco To Person Under 18, Civil Penalties 3 The Copper Kettle Inc., 2987 Jackson Street Since the last renewal date there have been nine calls for service to the establishment. There was one disturbance, two crimes against persons, two crimes against property, and one public morals call. Additionally, there were one individual violation and no violations against the business. DPD Case # Type of Call/Circumstances Against The Business 14-27220 Criminal Mischief Offense Report Filed 14-27869 Harassment Handled By Officer The Copper Kettle Inc., 2987 Jackson Street Since the last renewal date there have been nine calls for service to the establishment. There was one disturbance, two crimes against persons, two crimes against property, and one public morals call. Additionally, there were one individual violation and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 13-52217 Theft Offense Report Filed 13-52987 Public morals -intoxication Public Intoxication 13-53610 Harassment Offense Report Filed 14-6674 Disturbance -noise Dispatcher Handled 14-19187 Domestic Order Violation Offense Report Filed 14-32158 Theft Offense Report Filed Wal-Mart Supercenter #2004, 4200 Dodge Street Since the last renewal date there have been 237 calls for service to the establishment. There were 10 disturbances, eight crimes against persons, 151 crimes against property, and three public morals calls. Additionally, there were 159 individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 13-41244 Theft Theft 4'" Degree 13-41609 Theft Theft 5'" Degree X3 13-41636 Harassment Handled By Officer 13-41892 Theft Theft 5'" Degree 13-42331 Theft Theft 4'" Degree 13-42395 Theft Theft 5'" Degree 13-42724 Theft Theft 5'" Degree, Trespass 13-44005 Theft Theft 5'" Degree 13-44411 Theft Unauthorized Use Of Credit Card 13-44815 Theft Offense Report Filed 13-44824 Theft Handled By Officer 13-45917 Theft Theft 3fa Degree, Possession of Controlled Substance, Unlawful Possession of Prescription Medication 13-46372 Theft Handled By Officer 13-46909 Theft Unauthorized Use Of Credit Card 13-47579 Theft Theft 5'" Degree, Trespass, Possession of Alcohol Under Legal Age 13-47598 Theft Handled By Officer 13-47600 Theft Handled By Officer 13-47758 Theft Handled By Officer 13-48806 Theft Theft 5'" Degree 13-48938 Assault Handled By Officer 4 13-49260 Theft Offense Report Filed 13-49420 Theft Theft 4'f Degree 13-50646 Theft Offense Report Filed 13-50765 Theft Theft 4'f Degree, Unlawful Possession of Prescription Medication, Trespass 13-50979 Public morals -controlled substance Possession of Controlled Substance 13-51742 Theft Theft 5'f Degree, Trespass 13-52277 Disturbance -verbal Handled By Officer 13-52293 Theft Handled By Officer 13-52378 Theft Theft 5'f Degree 13-52404 Theft Theft 4'f Degree 13-52503 Disturbance -verbal Handled By Officer 13-52925 Theft Theft 5'f Degree 13-53135 Criminal Mischief Offense Report Filed 13-53566 Theft Offense Report Filed 13-54135 Assault Assault Causing Injury 13-54645 Theft Theft 4'f Degree, Possession of Drug Paraphernalia 13-55062 Theft Offense Report Filed 13-55679 Theft Offense Report Filed 13-55783 Public morals- public intoxication Public Intoxication 13-55953 Theft Theft 5'f Degree 13-56028 Assault Domestic Assault Simple 13-56056 Theft Offense Report Filed 13-56231 Theft Theft 3ra Degree, Possession of Controlled Substance X2, Possession of Drug Paraphernalia, Trespass 13-56282 Criminal Mischief Offense Report Filed 13-57003 Disturbance -verbal Handled By Officer 13-57264 Theft Offense Report Filed 13-57317 Theft Theft 5'f Degree 13-57804 Burglary -motor vehicle Offense Report Filed 13-57805 Theft Offense Report Filed 13-57969 Theft Offense Report Filed 13-59174 Theft Theft 4'f Degree 13-59300 Theft Offense Report Filed 13-59799 Theft Theft 5'f Degree 13-59881 Theft Offense Report Filed 14-456 Theft Handled By Officer 14-612 Theft Theft 4'f Degree 14-759 Theft Theft 5'f Degree X2 14-1324 Theft Theft 2na Degree 14-1500 Theft Theft 3ftl Degree 14-2562 Harassment Harassment 3ra Degree 14-2778 Theft Theft 4'f Degree 14-2783 Disturbance -verbal Handled By Officer 14-2801 Theft Theft 5'f Degree, Unlawful Possession of Prescription Medication 5 14-3035 Theft Offense Report Filed 14-4248 Theft Offense Report Filed 14-4683 Theft Theft 5'" Degree X2 14-4827 Burglary -motor vehicle Offense Report Filed 14-4944 Theft Handled By Officer 14-5233 Theft Offense Report Filed 14-5480 Theft Theft 5'" Degree, Contributing to The Delinquency of a Minor 14-5546 Theft Theft 5'" Degree 14-5623 Theft Theft 5'" Degree 14-6647 Theft Theft 5'" Degree X4 14-7219 Theft Theft 4'" Degree 14-7507 Theft Theft 5'" Degree 14-8140 Theft Offense Report Filed 14-9213 Theft Handled By Officer 14-9818 Theft Handled By Officer 14-9834 Theft Theft -5'" Degree 14-10227 Criminal mischief Offense Report Filed 14-10581 Theft Theft -5'" Degree 14-10608 Trespass Trespassing 14-10706 Theft Theft 5'" Degree, Possession Of Prescription Medication 14-10730 Public morals -controlled substances Possession Of Controlled Substances (2), Possession Of Drug Paraphernalia (2), Possession Of Precursors, Carrying Weapons 14-11470 Theft Theft -5'" Degree 14-12622 Theft Theft -5'" Degree 14-12920 Theft Theft -4'" Degree 14-13600 Theft Offense Report Filed 14-13757 Harassment -in person Offense Report Filed 14-14632 Theft Theft -5'" Degree (2) 14-14809 Theft Theft -5'" Degree 14-14957 Theft Theft -5'" Degree 14-15191 Theft Theft -5'" Degree 14-15200 Disturbance -verbal Handled By Officer 14-15628 Theft Theft -5'" Degree 14-16168 Theft Offense Report Filed 14-16184 Theft Theft -5'" Degree 14-16473 Theft Theft -5'" Degree 14-16807 Theft Offense Report Filed 14-17130 Theft Theft -5'" Degree 14-17153 Theft Theft -4'" Degree (2), Interference With Official Acts (2) 14-17306 Theft Theft -5" Degree 14-18012 Theft Theft -5'" Degree 14-18043 Theft Theft -5'" Degree 14-18251 Theft Theft -5'" Degree (2) 14-19165 Theft Theft -5'" Degree 14-19473 Theft Theft -5'" Degree 6 14-19651 Theft Theft -5'" Degree 14-20315 Theft Offense Report Filed 14-20322 Disturbance -verbal Handled By Officer 14-20489 Theft Theft -5'" Degree 14-20709 Theft Theft -5'" Degree 14-20981 Theft Theft -4'" Degree 14-20990 Theft Handled By Officer 14-21754 Theft Theft -5'" Degree 14-21913 Theft Theft -5'" Degree 14-21948 Theft Theft -5'" Degree 14-21994 Theft Theft -4'" Degree (2) 14-22278 Theft Theft -5'" Degree 14-22455 Theft Theft -5'" Degree, Interference With Official Acts 14-22964 Theft Theft -5'" Degree 14-22981 Theft Theft -5'" Degree 14-23232 Trespass Trespassing 14-23517 Theft Theft -5'" Degree (2) 14-24433 Theft Theft -5'" Degree 14-24611 Trespass Trespassing 14-24635 Theft Theft -5'" Degree 14-24648 Theft Theft -5th Degree 14-24835 Theft Theft -5'" Degree 14-24971 Theft -identity Offense Report Filed 14-25102 Theft Theft -5th Degree 14-25194 Theft Theft -5'" Degree (2) 14-26308 Theft Theft -5'" Degree 14-26668 Trespass Trespassing 14-27048 Theft Theft -5'" Degree 14-27148 Theft Theft -5'" Degree (2) 14-27338 Theft Offense Report Filed 14-27490 Theft Theft -5'" Degree 14-27978 Theft Theft -5'" Degree 14-28022 Theft Theft -5th Degree 14-28765 Disturbance -verbal Handled By Officer 14-29776 Theft Theft -5'" Degree 14-29823 Trespass Trespassing 14-29917 Theft Theft -5'" Degree 14-29942 Trespass Trespassing 14-30147 Theft Offense Report Filed 14-31018 Theft Theft -5'" Degree (2) 14-31315 Theft Theft -4'" Degree 14-31633 Theft Offense Report Filed 14-31656 Theft Theft -5'" Degree (2) 14-31779 Harassment -in person Handled By Officer 14-31841 Theft Theft -5'" Degree, Possession Of Controlled Substances, Possession Of Drug Paraphernalia 14-32013 Theft Theft -5" Degree 14-32382 Theft Theft -5'" Degree 14-32575 Theft Handled By Officer 14-32743 Theft Theft -5'" Degree 14-32884 Burglary -to motor vehicle Offense Report Filed 14-32934 Theft Theft -5'" Degree 7 14-33083 Theft Theft -5'" Degree 14-33160 Theft Theft -5'" Degree 14-33876 Theft Theft -5'" Degree 14-33925 Theft Theft -5'" Degree 14-34267 Theft Theft -5'" Degree (2) 14-34847 Theft Theft -5'" Degree 14-34968 Theft Theft -5'" Degree, Possession Of Controlled Substances, Possession Of Druq Paraphernalia 14-35065 Theft Theft -5" Degree 14-35353 Theft Offense Report Filed 14-35528 Disturbance -verbal Handled By Officer 14-35541 Theft Offense Report Filed 14-35915 Disturbance -kids Handled By Officer 14-36676 Theft Theft -5'" Degree (2) 14-36881 Disturbance -verbal Handled By Officer RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the annual liquor license for Club Heat, 1850 Central Avenue; Denny's Lux Club, 3050 Asbury Road; Europa Cafe of Dubuque, 4031 Pennsylvania Avenue; Fat Tuesday's, 1121 University Avenue; Grand River Center, 500 Bell Street; Los Aztecas Mexican Restaurant, 2700 Dodge Street; Lucky 13 Tap, 385 East 13th Street; The Mandolin Inn, 199 Loras Boulevard; Phillips 66/Arby's, 10 South Main; The Copper Kettle Inc., 2987 Jackson Street; and Wal-Mart Supercenter #2004, 4200 Dodge Street. ACTION REQUESTED Action requested is for City Council consideration to approve the liquor license renewal for Club Heat, 1850 Central Avenue; Denny's Lux Club, 3050 Asbury Road; Europa Cafe of Dubuque, 4031 Pennsylvania Avenue; Fat Tuesday's, 1121 University Avenue; Grand River Center, 500 Bell Street; Los Aztecas Mexican Restaurant, 2700 Dodge Street; Lucky 13 Tap, 385 East 13th Street; The Mandolin Inn, 199 Loras Boulevard; Phillips 66/Arby's, 10 South Main; The Copper Kettle Inc., 2987 Jackson Street; and Wal-Mart Supercenter #2004, 4200 Dodge Street. cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kevin Firnstahl, City Clerk 8 RESOLUTION NO. 275 - 14 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Club Heat 1850 Central Ave. Class C Liquor (Sunday) Denny's Lux Club 3050 Asbury Rd. Class C Liquor (Outdoor) (Sunday) Europa Cafe of Dubuque 4031 Pennsylvania Ave. Special Class C Liquor Fat Tuesday's 1121 University Ave. Class C Liquor (Sunday) Grand River Center 500 Bell St. Class C Liquor (Catering) (Sunday) Los Aztecas Mexican 2700 Dodge St. Class C Liquor (Sunday) Restaurant Lucky 13 Tap Mandolin Inn, The Phillips 66/Arby's The Copper Kettle Inc. Wal-Mart Supercenter Special Event Dubuque Jaycees Tri-State Chili Cook -Off 10-3-14 Adding Service Tott's Tap New 385 E 13th St. 199 Loras Blvd. 10 South Main 2987 Jackson St. 4200 Dodge St. Cable Car Square 3457 Jackson St. Class C Liquor (Sunday) Class B Native Wine (Living Qrts.) (Sunday) Class C Beer (Sunday) Class C Liquor, Class B Native Wine (Catering) (Living (-arts.) (Outdoor) (Sunday) Class E Liquor, Class C Beer, Class B Wine (Sunday) Class B Beer (Outdoor) Adding Sunday Hy -Vee #1 Market Cafe 3500 Dodge St Class C Liquor (Sunday) Super Stop III 1101 Rhomberg Ave. Class E liquo (Sunday) Passed, approved and adopted this 2"d day of September, 4. Attest: Trish L. Gleason, Assistant City Clerk Roy D. Buol, Mayor RESOLUTION NO. 276 - 14 APPROVING APPLICATIONS FORRETAIL CIGARETTE/TOBACCO SALES PERMITS, AS REQUIRED BY IOWA CODE 453A.47A. Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Super Stop III Dave's Downtown Conoco 500 Locust St. 1101 Rhomberg Ave. Passed, approved and adopted this 2"d day of September, 2014. Roy 4n uol, Mayor Attest: Trish L. Gleason, Assistant City Clerk