RB Restaurant_Bricktown Liquor LicenseTHE CITY OF
DUB ~~~ E
Masterpiece on #FIe Mississippi
MEMORANDUM
July 12, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: RB Restaurant Management & Liquor License Application
Chief of Police Kim Wadding is recommending that the liquor license application of RB
Restaurant Management & Consulting to operate Bricktown Brewery at 299 Main Street
be found to have been filed timely and be tabled until August 6, 2007.
On July 11, 2007 a meeting was held with Russ Boffeli, the applicant for RB Restaurant
Management & Consulting, regarding his liquor license application for the Bricktown
operation located at 299 Main Street. In attendance were Assistant City Attorney,
Crenna Brumwell, a transcription recorder, Community Policing Captain Russ Stecklein,
Russ Boffeli, and Chief Wadding. The purpose of the meeting was to determine the
financial and operational relationship between Russ Boffeli (RB Restaurant
Management & Consulting) and the Bricktown investor group.
During the conversation Russ Boffeli said he will be the 100% owner of RB Restaurant
with full operational control of Bricktown, 299 Main Street. Russ Boffeli said he is
working on a lease agreement between RB Restaurant Management & Consulting and
the Bricktown investor group. The written lease agreement has not been completed.
Additionally, Russ Boffeli reports he is in the process of establishing RB Restaurant
Management & Consulting as a limited liability company with the Iowa Secretary of
State's office. No such filing has yet taken place with the Iowa Secretary of State.
Regarding the current situation with Cooper Management, LLC and the upcoming City
Council hearing and the involvement of the current Cooper Management, LLC owners,
Scott Neuwoehner and Greg Prehm, Russ Boffeli identifies Greg Prehm as having a
financial consulting role in the new RB Management Restaurant & Consulting
management group. Russ Boffeli reports that Scott Neuwoehner will be part of the
investor group but will have no operational role in the management of Bricktown, 299
Main Street. Although Russ Boffeli reports he will have 100% operational control of the
Bricktown operation he states that the Bricktown investor group is taking a more active
role in the Bricktown operation and will be meeting with Russ Boffeli monthly to discuss
the operation.
In reviewing the RB Restaurant Management & Consulting liquor license application,
Chief Wadding is unable to complete the liquor license review as he has not seen the
financial arrangement/lease agreement between RB Restaurant Management &
Consulting and the Bricktown investor group or that RB Restaurant Management &
Consulting has been registered with the Iowa Secretary of State as a limited liability
company as shown in the application. Finally, the dram shop insurance for RB
Restaurant Management & Consulting is not on file with the City Clerk's office.
I concur with the recommendation to table this request 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
Kim B. Wadding, Chief of Police
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Masterpiece on the Mississippi
DATE: July 12, 2007
MEMORANDUM
TO: Michael C. Van Milligen
City Manager
FROM: Kim B. Wadding J
Police Chief
RE: RB Restaurant Management & Liquor License Application
INTRODUCTION
The purpose of this memorandum is to request City Council consideration to table the
liquor license application from RB Restaurant Management & Consulting to operate
Bricktown Brewery 299 Main Street based upon inadequate information regarding the
liquor license.
BACKGROUND
On July 2, 2007 the Dubuque City Council established a liquor license hearing date of
July 18, 2007 regarding the liquor license of Cooper Management, LLC, the owner of
Bricktown located at 299 Main Street. The purpose of the hearing is to hear testimony
regarding criminal misconduct allegations by employees of Bricktown, including Cooper
Management, LLC co-owner, Scott Neuwoehner.
On July 5, 2007 Russ Boffeli, the current general manager of Bricktown, submitted a
new liquor license application to assume operational ownership of Bricktown located at
299 Main Street. His application identifies himself as 100% owner of RB Restaurant
Management & Consulting, the liquor license applicant.
DISCUSSION
On July 11, 2007 a meeting was held with Russ Boffeli, the applicant for RB Restaurant
Management & Consulting, regarding his liquor license application for the Bricktown
operation located at 299 Main Street. In attendance were Assistant City Attorney,
Crenna Bramwell, a transcription recorder, Community Policing Captain Russ Stecklein,
Russ Boffeli, and myself. The purpose of the meeting was to determine the financial
and operational relationship between Russ Boffeli (RB Restaurant Management &
Consulting) and the Bricktown investor group.
During the conversation Russ Boffeli said he will be the 100% owner of RB Restaurant
with full operational control of Bricktown, 299 Main Street. Russ Boffeli said he is
working on a lease agreement between RB Restaurant Management & Consulting and
the Bricktown investor group. The written lease agreement has not been completed.
Additionally, Russ Boffeli reports he is in the process of establishing RB Restaurant
Management & Consulting as a limited liability company with the Iowa Secretary of
State's office. No such filing has yet taken place with the Iowa Secretary of State.
Regarding the current situation with Cooper Management, LLC and the upcoming City
Council hearing and the involvement of the current Cooper Management, LLC owners,
Scott Neuwoehner and Greg Prehm, Russ Boffeli identifies Greg Prehm as having a
financial consulting role in the new RB Management Restaurant & Consulting
management group. Russ Boffeli reports that Scott Neuwoehner will be part of the
investor group but will have no operational role in the management of Bricktown, 299
Main Street. Although Russ Boffeli reports he will have 100% operational control of the
Bricktown operation he states that the Bricktown investor group is taking a more active
role in the Bricktown operation and will be meeting with Russ Boffeli monthly to discuss
the operation.
In reviewing the RB Restaurant Management & Consulting liquor license application, we
are unable to complete the liquor license review as we have not seen the financial
arrangement/lease agreement between RB Restaurant Management & Consulting and
the Bricktown investor group or that RB Restaurant Management & Consulting has
been registered with the Iowa Secretary of State as a limited liability company as shown
in the application. Finally, the dram shop insurance for RB Restaurant Management &
Consulting is not on file with the City Clerk's office.
RECOMMENDATION
Based upon the incompleteness of the RB Restaurant Management & Consulting liquor
license application, I recommend City Council consideration to find the liquor license
application timely filed but table the consideration for approval until the August 6, 2007
City Council meeting allowing RB Restaurant Management & Consulting time to secure
and submit the necessary financial, limited liability company designation with the Iowa
Secretary of State, and the dram shop insurance information for review and
consideration.
ACTION REQUESTED
Action requested is for City Council consideration to find the liquor license application
timely filed but table the consideration for approval of the RB Restaurant Management &
Consulting liquor license application until the August 6, 2007 City Council meeting
allowing RB Restaurant Management & Consulting time to secure and submit the
necessary financial, limited liability designation with the Iowa Secretary of State, and the
dram shop insurance information for review and consideration.
Cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
RESOLUTION NO. 401-07
Whereas, applications for Liquor Licenses have been submitted to this 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 State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS "C" BEER/ LIQUOR LICENSE(6 MONTH)
RB Restaurant Management Bricktown Brewery+(Sunday/Outdoor Sale) 299 Main ST
CLASS "B" WINE PERMIT
RB Restaurant Management Bricktown Brewery 299 Main ST
Passed, approved and adopted this 16th day of July, 2007.
Atte _
Jeanne F. Schneider, C
City Clerk
Roy D. Buol
Mayor