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Alcohol Compliance Civil Penalty for Alcohol License Holders — Knickers SaloonCopyright 2014 City of Dubuque Consent Items # 22. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holders — Knicker's Saloon SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Knicker's Saloon, 2186 Central Avenue. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Knicker's Alcohol Compliance Agreement -MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Agreement Copy Staff Memo THE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement- Knicker's Saloon DATE: October 7, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Knicker's Saloon, 2186 Central Avenue. I concur with the recommendation and respectfully request Mayor and City Council approval. bd-t44 ,,,,, Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Mark M. Dalsing, Chief of Police THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi October 3, 2014 TO: Michael C. Van Milligen City Manager FR: Mark M. Da'sing Chief of Police RE: Settlement Agreement — Knicker's Saloon INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Knicker's Saloon. BACKGROUND Knicker's Saloon has a liquor license for its establishment at 2186 Central Avenue in the City of Dubuque. On July 18, 2014 the Dubuque Police Department did an alcohol compliance check at Knicker's Saloon and an employee sold alcohol to underage youth compliance monitors. City Council has directed that staff work with license and permit holders to serve suspensions & penalties in a flexible way. Knicker's Saloon has chosen a five hundred dollar ($500.00) fine and has submitted their signed agreement. CONCLUSION & RECOMMENDATION In accordance with Council directive, City staff has developed a penalty schedule for violators. Knicker's Saloon was provided the schedule and selected their choice of penalty. The City Legal Department and the Police Department have reviewed the agreement and concur with the requirements. ACTION REQUESTED City Manager review, City Council approval, and Mayor Buol signature of the attached Acknowledgment/Settlement Agreement. cc: Crenna Brumwell 1 ACKNOWLEDGMENT/SETTLEMENT AGREEMENT Alcohol Compliance —1St Violation RE: Knicker's Saloon 2186 Central Avenue Dubuque, IA 52001 Curtis Gerhard 2186 Central Avenue Dubuque, IA 52001 I, Cur+ S Ge-rAcycj voluntarily acknowledge that: , on behalf of Knicker's Saloon, hereby knowingly and a) Knicker's Saloon received the notice regarding the above referenced case. b) Knicker's Saloon admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Knicker's Saloon waives a hearing and submits to the statutory penalties prescribed by law. d) Knicker's Saloon understands that this violation will count as an official "First Violation — Alcohol Compliance" of City of Dubuque Code of Ordinances §4-2A-3, pursuant to Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-2B-16. Knicker's Saloon has a liquor license for 2186 Central Avenue. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number July 18, 2014 Alcohol Violation 1St Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Knicker's Saloon is subject to the following: 1) A five hundred dollar ($500.00) fine OR 2) A fourteen (14) day suspension of the liquor license. In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4- 2B-16, Knicker's Saloon chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Knicker's Saloon Signature Signature 6.c.e ti ' / c',( Name — Please Print Name — Please Print Date Date NOTE: This must be signed by an individual alcohol licensee, or in the case of another business entity, by individual(s) who have authority to bind the entity. THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby orders that the foregoing civil penalty has been remitted by Knicker's Saloon to the City of Dubuque Police Department. PASSED AND APPROVED this day ofr? D Roy D. Buo6lMayor