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Alcohol and Tobacco License ApplicationsCopyright 2014 City of Dubuque ITEM# 26. ITEM TITLE: Alcohol and Tobacco License Applications SUMMARY: City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. SUGGESTED DISPOSITION: RESOLUTION 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 RESOLUTION Approving applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Liquor License Renewals -MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Alcohol Resolution Resn utons ❑ Tobacco Resolution Reseutlons Masterpiece on the Mississippi Dubuque 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Liquor License Renewal for the following: • Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive • Crust Italian Kitchen and Bar, 299 Main Street • Dog House Lounge, 1646 Asbury Road • Fiesta Cancun Authentic Mexican Restaurant, 2515-1 Northwest Arterial • Friendly Locust Mart, 408 West Locust Street • The Grand Tap, 802 Central Avenue • Hilton Garden Inn, 1801 Greyhound Park Drive • HuHot Mongolian Grill, 555 JFK Road #685 • Hy -Vee Gas #2 Dubuque, 2435 Northwest Arterial • Loras College Athletic and Wellness Center, 1600 Cox Street • Manna Java World Cafe, 700 Locust Street DATE: September 26, 2014 Chief of Police Mark Dalsing recommends approval of the annual liquor license renewal for the businesses of Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive; Crust Italian Kitchen and Bar, 299 Main Street; Dog House Lounge, 1646 Asbury Road; Fiesta Cancun Authentic Mexican Restaurant, 2515-1 Northwest Arterial; Friendly Locust Mart, 408 West Locust Street; The Grand Tap, 802 Central Avenue; Hilton Garden Inn, 1801 Greyhound Park Drive; HuHot Mongolian Grill, 555 JFK Road #685; Hy -Vee Gas #2 Dubuque, 2435 Northwest Arterial; Loras College Athletic and Wellness Center, 1600 Cox Street; and Manna Java World Cafe, 700 Locust Street. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic111(-, al 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 DATE: September 25, 2014 MEMORANDUM TO: Michael C. Van Milligen City Manager FROM: Mark Dalsing Chief of Police RE: Liquor License Renewal for the following: • Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive • Crust Italian Kitchen and Bar, 299 Main Street • Dog House Lounge, 1646 Asbury Road • Fiesta Cancun Authentic Mexican Restaurant, 2515-1 Northwest Arterial • Friendly Locust Mart, 408 West Locust Street • The Grand Tap, 802 Central Avenue • Hilton Garden Inn, 1801 Greyhound Park Drive • HuHot Mongolian Grill, 555 JFK Road #685 • Hy -Vee Gas #2 Dubuque, 2435 Northwest Arterial • Loras College Athletic and Wellness Center, 1600 Cox Street • Manna Java World Cafe, 700 Locust 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 DISCUSSION Carlos O'Kellv's Mexican Cafe, 1355 Associates Drive Since the last renewal date there have been five 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. Crust Italian Kitchen and Bar, 299 Main Street Since the last renewal date there have been 23 calls for service to the establishment. There were four disturbances, one crimes against person, one crime against property, and three public morals calls. Additionally, there were three individual violations and one violation against the business. DPD Case # Type of Cali/Circumstances Disposition 13-39838 Public morals -intoxication Public Intoxication 13-48141 Public morals -intoxication Public Intoxication 13-60473 Disturbance -noise Handled By Officer 14-6556 Disturbance -noise Handled By Officer 14-15246 Disturbance -noise Handled By Officer 14-29221 Burglary to motor -vehicle Offense Report Filed 14-29299 Disturbance -fireworks Handled By Officer 14-32966 Public morals -alcohol Selling Alcohol to Person Under 21, Civil Penalty Against the Business 14-36037 Assault -no injury Offense Report Filed Dog House Lounge, 1646 Asbury Road 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 four individual violations and no violations against the business. DPD Case # Type of Cal/Circumstances Disposition 13-59314 Theft Handled By Officer 14-29700 Disturbance -verbal Criminal Mischief 3`° Degree, Unlawful Possession of Prescription Drugs, Possession of Drug Paraphernalia, Possession of Controlled Substance Fiesta Cancun Authentic Mexican Restaurant, 2515-1 Northwest Arterial Since the last renewal date there have been five calls for service to the establishment. There was one disturbance, 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. DPD Case # Type of Call/Circumstances Disposition 13-48689 Disturbance -verbal Handled By Officer 2 Friendly Locust Mart, 408 West Locust Street Since the last renewal date there have been 21 calls for service to the establishment. There were two disturbances, one crime against persons, one crime against property, and two public morals calls. Additionally, there was one individual violation and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 13-46529 Assault -no injury Handled By Officer 13-49415 Disturbance -verbal Handled By Officer 13-49849 Criminal Mischief Offense Report Filed 13-50625 Public morals -controlled substance Unlawful Possession of Prescription Medication 14-26291 Public morals -intoxication Handled By Officer 14-34932 Disturbance -noise Handled By Officer The Grand Tap, 802 Central Avenue Since the last renewal date there have been four calls for service to the establishment. There was one disturbance, 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. DPD Case # Type of Ca!UCircumstances Disposition 14-28747 Disturbance -verbal Dispatcher Handled Hilton Garden Inn, 1801 Greyhound Park Drive Since the last renewal date there have been 19 calls for service to the establishment. There were three disturbances, one crime against persons, one crime against property, and two public morals calls. Additionally, there were 12 individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 13-39974 Public morals — intoxication Public Intoxication 14-6582 Disturbance — noise Disorderly Conduct (2), Public Intoxication (4), Interference With Official Acts (2) 14-12559 Domestic assault Offense Report Filed 14-18571 Theft Handled By Officer 14-20737 Public morals — controlled substance Possession Of Controlled Substance (2) 14-25725 Disturbance — noise Handled By Officer 14-33321 Disturbance — verbal Handled By Officer HuHot Mongolian Grill, 555 JFK Road #685 Since the last renewal date there have been six calls for service to the establishment. There were no disturbances, 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 2014-037297 Theft Incident Report Filed Hy -Vee Gas #2 Dubuque, 2435 Northwest Arterial Since the last renewal date there have been 17 calls for service to the establishment. There were no disturbances, one crime against persons, ten crimes against property, and one public morals call. Additionally, there were three individual violations and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 14-3017 Theft Handled By Officer 14-3469 Theft Handled By Officer 14-11405 Theft Handled By Officer 14-13323 Public morals — controlled substance Possession of Controlled Substance, Possession of Drug Paraphernalia 14-23202 Theft Handled By Officer 14-25786 Theft Handled By Officer 14-26320 No Contact Order Violation No Contact Order Violation 14-29270 Theft Handled By Officer 14-33209 Theft Handled By Officer 14-36687 Theft Handled By Officer 14-009837 Theft Handled By Officer 14-010104 Theft Handled By Officer Loras College Athletic and Wellness Center, 1600 Cox Street Since the last renewal date there have been three calls for service to the establishment. There were no disturbances, no crimes against persons, one crime against property, and no public morals calls. Additionally, there was one individual violation and no violations against the business. DPD Case # Type of Call/Circumstances Disposition 14-42397 Theft Offense Report Filed Manna Java World Cafe, 700 Locust Street Since the last renewal date there have been five 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. RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the annual liquor license for Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive; Crust Italian Kitchen and Bar, 299 Main Street; Dog House Lounge, 1646 Asbury Road; Fiesta Cancun Authentic Mexican Restaurant, 2515-1 Northwest Arterial; Friendly Locust Mart, 406 West Locust Street; The Grand Tap, 802 Central Avenue; Hilton Garden Inn, 1801 Greyhound Park Drive; HuHot Mongolian Grill, 555 JFK Road #685; Hy -Vee Gas #2 Dubuque, 2435 Northwest Arterial; Loras College Athletic and Wellness Center, 1600 Cox Street and Manna Java World Cafe, 700 Locust Street. ACTION REQUESTED Action requested is for City Council consideration to approve the liquor license renewal 4 for Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive; Crust Italian Kitchen and Bar, 299 Main Street; Dog House Lounge, 1646 Asbury Road; Fiesta Cancun Authentic Mexican Restaurant, 2515-1 Northwest Arterial; Friendly Locust Mart, 408 West Locust Street; The Grand Tap, 802 Central Avenue; Hilton Garden Inn, 1801 Greyhound Park Drive; HuHot Mongolian Grill, 555 JFK Road #685; Hy -Vee Gas #2 Dubuque, 2435 Northwest Arterial; Loras College Athletic and Wellness Center, 1600 Cox Street and Manna Java World Cafe, 700 Locust Street. cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kevin Firnstahl, City Clerk 5 RESOLUTION NO. 310 -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 Carlos O'Kelly's Mexican Cafe Crust Italian Kitchen and Bar Dog House Lounge Fiesta Cancun Authentic Mexican Restaurant friendlylocust mart Grand Tap The Huhot Mongolian Grill Hy -Vee Gas #2 Dubuque Loras College - Athletic and Wellness Center Manna Java World Cafe Premise Update/Transfer Hilton Garden Inn Hy -Vee #1 Club Room Adding Privilege Holy Spirit Church 1355 Associates Dr. 299 Main St. 1646 Asbury Rd. 2515-1 NW Arterial 408 West Locust St. 802 Central Ave. 555 J.F. Kennedy Rd. #685 2435 NW Arterial 1600 Cox St. 700 Locust St. 1801 Greyhound Park Dr. 3500 Dodge St to 800 Main St. 2981 Central Ave. Class C Liquor (Catering) (Sunday) Class C Liquor, Class B Wine (Catering) (Outdoor) (Sunday) Class C Liquor (Outdoor) (Sunday) Class C Liquor (Outdoor) (Sunday) Class C Beer (Sunday) Class C Liquor (Sunday) Special Class C Liquor (Sunday) Class C Beer (Sunday) Class C Liquor (Catering) (outdoor) (Sunday) Class C Liquor (Sunday) Class B Liquor Special Class C (Sunday) Class B Native Wine Passed, approved and adopted this 6th day of October, Attest: Kev. Firnsta I, pity lerk 14. [21SJ Roy D. Buol, Mayor RESOLUTION NO. 311-14 APPROVING APPLICATIONS FOR RETAIL 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. MoonDog Music 806 Wacker Dr. #120 Passed, approved and adopted this 6th day of October, 2014. Ro,9 Buol, Mayor Attest: Kevin -S. Firnstahl, ( erk