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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. ~t~ _., Michael C. Van Milligen - ,} IFS MCVM/jh 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