Alcohol Compliance Civil Penalty for Alcohol License Holder_Copper Kettle Copyright 2014
City of Dubuque Consent Items # 16.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holders — Copper
Kettle
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for the Copper Kettle, 2987
Jackson Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Copper Kettle Alcohol Compliance Settlement Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Copy Staff Memo
THE CITY OF Dubuque
UBE I
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Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Coper Kettle
DATE: October 23, 2014
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Copper Kettle, 2987 Jackson.
I concur with the recommendation 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
Teri Goodmann, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
October 21 , 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Copper Kettle
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Copper Kettle.
BACKGROUND
Copper Kettle has a liquor license for its establishment at 2987 Jackson Street in the
City of Dubuque. On September 11, 2014 the Dubuque Police Department did an
alcohol compliance check at Copper Kettle 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. Copper Kettle 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. Copper Kettle 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
AcknowledgmentlSettlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance — 1st Violation
RE: Copper Kettle
2987 Jackson Street
Dubuque, IA 52001
The Copper Kettle Inc.
2987 Jackson Street
Dubuque, IA 52001
1, (-14,73-
voluntarily acknowledge that:
, on behalf of Copper Kettle, hereby knowingly and
a) Copper Kettle received the notice regarding the above referenced case.
b) Copper Kettle admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Copper Kettle waives a hearing and submits to the statutory penalties
prescribed by law.
d) Copper Kettle 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.
Copper Kettle has a liquor license for 2987 Jackson Street. Violation of the liquor
license occurred as follows:
Violation Date Violation Type Violation Number
September 11, 2014 Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Copper Kettle 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, Copper Kettle chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Copper Kettle
Signature
ChvisAU-Cf
Name — Please Print Name — Please Print
)O -a --
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 Copper Kettle to the City of
Dubuque — Police Department.
PASSED AND APPROVED this 3rd day of November
Attest:
Kevi irnstahl, City
, 201 4
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Karla A. Braig, Mayor Pro Tem