Bricktown Cooper Mgmnt Liquor LicenseTHE CITY OF
DUB E
.Masterpiece on #ze Mississippi
MEMORANDUM
June 28, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Cooper Management, LLC (Bricktown)
Request for Liquor License Suspension Hearing
Chief of Police Kim Wadding is recommending a hearing date be set to consider a
21-day suspension of the Cooper Management, LLC liquor license for their operations
at 299 Main Street that includes Stonewall Lounge, Bricktown Brewery and the
Blackwater Grill.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen - ,} IFS
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
ThiE CITY OF
I~IJB CTE
Masterpiece on the Mississippi
DATE: June 26, 2007
MEMORANDUM
TO: Michael C. Van Milligen
City Manager
FROM: Kim B. Wadding ~J'+
Police Chief
RE: Cooper Management, LLC (Bricktown)
- Request for Liquor License Suspension Hearing
INTRODUCTION
The purpose of this memorandum into request City Council consideration fora 21-day
liquor license suspension for Cooper Management, LLC, the liquor license holder for
Bricktown located at 299 Main Street. The liquor license suspension is in regard to the
November 17, 2006 arrests of two Bricktown bartenders, Kira Dague and Nicole
Nemmers, for Public Intoxication with a second arrest for Kira Dague for Serving an
Intoxicated Person (herself) and the May 11, 2007 arrest of co-owner Scott
Neuwoehner while at Bricktown for Public Intoxication, Interference with Official Acts
Inflicting Injury, and Simple Assault.
BACKGROUND
On November 17, 2006 Bricktown held a Girls Gone Wild event. Girls Gone Wild is part
of a national traveling company where local bars register on-line for the company to visit
attempting to find the wildest and craziest bars. Due to the notoriety of Girls Gone Wild,
Bricktown Management was cautioned regarding Iowa's obscenity laws. Although
informed, the event produced photos of patrons exposing their breasts and bartenders
and patrons engaging in simulated sex acts. These acts were reviewed by the Dubuque
County Attorney's Office in relationship with the Iowa obscenity law and found not to
have met the criminal elements. Although no arrests resulted by the obscenity law, two
bartenders were cited for Public Intoxication with one additionally cited for serving
herself to the point of intoxication. Those charges are pending in court.
On May 11, 2007 at 1:11 A.M. a Dubuque Police Officer was flagged down by a male
subject who stated he had just been assaulted while at Bricktown, 299 Main Street. The
victim identified the suspect as Scott Neuwoehner, one of Bricktown's co-owners. As a
result of the investigation while at Bricktown, Scott Neuwoehner was arrested for Public
Intoxication, Interference with Official Acts Inflicting Injury and Simple Assault. The
simple assault was based upon the investigative findings of the initial complaint.
Public Intoxication, Serving an Intoxicated Person and Simple Assault are simple
misdemeanors each punishable by up to 30 days in jail and/or a fine not less than $65
but not to exceed $625. Interference with Official Acts Inflicting Injury is an aggravated
misdemeanor punishable by up to two years in prison and/or a fine not less than $625
but not to exceed $6,250.
DISCUSSION
The current liquor license for Cooper Management, LLC for Bricktown located at 299
Main Street expired June 6, 2007. Due to the above circumstances and with Cooper
Management, LLC having timely filed their renewal application, Judy Seib, Special
Projects Coordinator for the Iowa Alcoholic Beverages Division, reports Cooper
Management, LLC may continue to operate under the current liquor license past the
expiration date for a reasonable period pending the investigation and follow up action.
As Cooper Management, LLC, the liquor license holder for the Stonewall Lounge,
Bricktown Brewery, and the Blackwater Grill, Bricktown Management and employees
have an obligation to act appropriately and cooperate with law enforcement. As outlined
above, there were two significant events where employees involved themselves in
criminal acts while at Bricktown. As described, two bartenders were cited for Public
Intoxication with one additionally cited for serving herself to the point of intoxication
regarding the Girls Gone Wild event held November 17, 2007. The second by Cooper
Management, LLC co-owner, Scott Neuwoehner when arrested at Bricktown May 11,
2007 for Public Intoxication, Simple Assault, and Interference with Official Acts Inflicting
Injury.
Although the criminal offenses remain pending, multiple meetings have been held since
May 11, 2007 with Greg Prehm, co-owner of Cooper Management, LLC in an attempt to
negotiate a proposed settlement agreement regarding liquor license sanctions. As of
June 26, 2007 those negotiations have not resulted in an agreement.
RECOMMENDATION
Based upon the above actions by Bricktown employees and Cooper Management, LLC
co-owner, Scott Neuwoehner, I recommend City Council consideration of a 21-day
liquor license suspension for Cooper Management, LLC. I further recommend a
suspension hearing date be set and Cooper Management, LLC receive written notice of
the hearing.
ACTION REQUESTED
Action requested is for City Council consideration to set a hearing date fora 21-day
liquor license suspension hearing for Cooper Management, LLC concerning its
Bricktown operation located at 299 Main Street and for Cooper Management, LLC to
receive written notice of the hearing.
Cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
BEFORE THE CITY COUNCIL
OF
THE CITY OF DUBUQUE, IOWA
In the Matter of Cooper Management, LLC, Liquor License
Dubuque, Iowa
APPLICATION FOR DETERMINATION OF A 21-DAY LIQUOR LICENSE
SUSPENSION
The undersigned City Manager of the City of Dubuque, Iowa applies to the City
Council to determine if Cooper Management, LLC should receive a 21-day liquor
license suspension regarding the November 17, 2006 actions of Bricktown Employees
during a Girls Gone Wild event where bartenders, Kira Dague and Nicole Nemmers
were cited for Public Intoxication, as provided by Iowa Code §123.46 with Kira Dague
additionally cited for Serving an Intoxicated Person (herself), as provided by Iowa Code
§123.49(1) and the May 11, 2007 actions of co-owner, Scott Neuwoehner, while on the
property of Bricktown 299 Main Street, resulting in his arrest for Public Intoxication, as
provided by Iowa Code §123.46; Simple Assault, as provided by Iowa Code §708.2(6);
and Interference with Official Acts Resulting In Injury, as provided by Iowa Code §719.1.
As a result of these actions and as a liquor license holder, Cooper Management, LLC
knowingly permitted or engaged in any criminal activity on the premises covered by the
license or permit, as provided by Iowa Code §123.49(2)(j). See Attached Memorandum.
The undersigned requests that the City Council set a time and place for hearing
on this Application and direct notice thereof to the liquor license holder, Cooper
Management, LLC, co-owners Scott Neuwoehner and Greg Prehm, and that upon such
hearing, the City Council determine that a 21-day liquor license suspension be
administered and that the City Manager be ordered to impose the 21-day liquor license
suspension in any manner authorized by law.
Dated this day of June, 2007.
~~~
Michael C. Van Milligen
City Manager
DEFINITIONS
123.46 CONSUMPTION OR INTOXICATION IN PUBLIC PLACES -- NOTIFICATIONS
-- CHEMICAL TESTS -- EXONERATION.
1. As used in this section unless the context otherwise requires:
a. "Arrest" means the same as defined in section 804.5 and includes taking into custody pursuant to
section 232.19.
b. "Chemical test" means a test of a person's blood, breath, or urine to determine the percentage of
alcohol present by a qualified person using devices and methods approved by the commissioner of public
safety.
c. "Peace officer" means the same as defined in section 801.4.
d. "School" means a public or private school or that portion of a public or private school which
provides teaching for any grade from kindergarten through grade twelve.
2. A person shall not use or consume alcoholic liquor, wine, or beer upon the public streets or
highways. A person shall not use or consume alcoholic liquor in any public place except premises
covered by a liquor control license. A person shall not possess or consume alcoholic liquors, wine, or
beer on public school property or while attending a public or private school-related function. A person
shall not be intoxicated or simulate intoxication in a public place. A person violating this subsection is
guilty of a simple misdemeanor.
123.49 MISCELLANEOUS PROHIBITIONS.
1. A person shall not sell, dispense, or give to an intoxicated person, or one simulating intoxication,
any alcoholic liquor, wine, or beer.
2. A person or club holding a liquor control license or retail wine or beer permit under this chapter,
and the person's or club's agents or employees, shall not do any of the following:
j. Knowingly permit or engage in any criminal activity on the premises covered by the license or
permit.
708.1 ASSAULT DEFINED.
An assault as defined in this section is a general intent crime. A person commits an assault when,
without justification, the person does any of the following:
1. Any act which is intended to cause pain or injury to, or which is intended to result in physical
contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act.
708.2 PENALTIES FOR ASSAULT.
6. Any other assault, except as otherwise provided, is a simple misdemeanor.
719.1 INTERFERENCE WITH OFFICIAL ACTS.
1. A person who knowingly resists or obstructs anyone known by the person to be a peace officer,
emergency medical care provider under chapter 147A, or fire fighter, whether paid or volunteer, in the
performance of any act which is within the scope of the lawful duty or authority of that officer, emergency
medical care provider under chapter 147A, or fire fighter, whether paid or volunteer, or who knowingly
resists or obstructs the service or execution by any authorized person of any civil or criminal process or
order of any court, commits a simple misdemeanor. In addition to any other penalties, the punishment
imposed for a violation of this subsection shall include assessment of a fine of not less than two hundred
fifty dollars. However, if a person commits an interference with official acts, as defined in this subsection,
and in so doing inflicts bodily injury other than serious injury, that person commits an aggravated
misdemeanor.
BEFORE THE CITY COUNCIL
OF
THE CITY OF DUBUQUE, IOWA
In the Matter of Cooper Management, LLC, Liquor License
Dubuque, Iowa
NOTICE AND ORDER SETTING HEARING
ON
APPLICATION FOR DETERMINATION OF LIQUOR LICENSE SUSPENSION
To: Cooper Management, LLC
%Bricktown
299 Main Street
Dubuque, Iowa
The Application for Determination of a Liquor License Suspension having
been filed by the City Manager with the City Council to determine whether
Cooper Management, LLC, Dubuque, Iowa should receive a 21-day Liquor
License Suspension regarding the November 17, 2006 actions of Bricktown
employees and the May 11, 2007 actions of co-owner, Scott Neuwoehner, and
the City Council having determined that a hearing should be set on the
Application and notice thereof provided to Cooper Management, LLC.
You are hereby notified that a hearing is set for the day of
2007, o'clock _.M at
on the Application for Determination of a Liquor License Suspension, a copy of
which is attached hereto.
A copy of this Notice shall be posted on the building at Bricktown, 299
Main Street and a copy shall be delivered personally to Cooper Management,
LLC, co-owners Scott Neuwoehner and Greg Prehm.
Dated this day of , 2007.
Roy D. Buol, Mayor