Alcohol Compliance Civil Penalty for Alcohol License Holder_Crust Itlaian Kitchen Copyright 2014
City of Dubuque Consent Items # 17.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holders — Crust
Italian Kitchen and Bar
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Crust Italian Kitchen and
Bar, 299 Main Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Crust Italian Kitchen and Bar Alcohol Compliance Settlement City Manager Memo
Agreement-MVM Memo
❑ Staff Memo Staff Memo
❑ Crust Italian Kitchen and Bar Settlement Agreement Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
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 - Crust Italian Kitchen and Bar
DATE: October 23, 2014
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with the Crust Italian Kitchen and Bar, 299 Main Street.
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— Crust Italian Kitchen and Bar
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Crust Italian Kitchen and Bar.
BACKGROUND
Crust Italian Kitchen and Bar has a liquor license for its establishment at 299 Main
Street in the City of Dubuque. On July 25, 2014 the Dubuque Police Department did an
alcohol compliance check at Crust Italian Kitchen and Bar 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. Crust Italian Kitchen and Bar 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. Crust Italian Kitchen and Bar 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: Crust Italian Kitchen and Bar
299 Main Street
Dubuque, IA 52001
•
•
•
Crust LLC
299 Main Street
Dubuque, IA 52001
, on behalf of Crust Italian Kitchen and Bar, hereby
knowing y and voluntarily acknowledge that:
a) Crust Italian Kitchen and Bar received the notice regarding the above
referenced case.
b) Crust Italian Kitchen and Bar admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Crust Italian Kitchen and Bar waives a hearing and submits to the
statutory penalties prescribed by law.
d) Crust Italian Kitchen and Bar 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.
Crust Italian Kitchen and Bar has a liquor license for 299 Main Street. Violation of the
liquor license occurred as follows:
Violation Date Violation Type Violation Number
July 25, 2014 Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Crust Italian Kitchen and Bar 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, Crust Italian Kitchen and Bar chooses one of the following penalties:
- y Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Crust Italian Kitchen and Bar
Name — lease Print
Date
Name — Please Print
Date(0-04-1!q
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 Crust Italian Kitchen and Bar
to the City of Dubuque — Police Department.
PASSED AND APPROVED this 3rd day of November , 20 14 .
Attest:
Kev ri Firnstahl, City CI
Karla A. Braig, Mayor