Alcohol Compliance Violation_Enzo's LLC dba 1st & Main Copyright 2014
City of Dubuque Consent Items # 19.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— 1 st & Main
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for 1 st & Main, 101 Main
Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ 1st& Main Alcohol Compliance Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Copy Staff Memo
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 - 1 st & Main
DATE: November 20, 2014
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with 1 St & Main, 101 Main Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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
November 18, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— 1 st & Main
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and 1 st & Main.
BACKGROUND
1 st & Main has a liquor license for its establishment at 101 Main Street in the City of
Dubuque. On August 28, 2014 the Dubuque Police Department did an alcohol
compliance check at 1 st & Main 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. 1 st & Main 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. 1 st & Main 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: 1St & Main
101 Main Street
Dubuque, IA 52001
Enzo's, LLC
101 Main Street
Dubuque, IA 52001
1
voluntarily acknowl=d-e th
on behalf of 1st & Main, hereby knowingly and
a) 1st & Main received the notice regarding the above referenced case.
b) 1st & Main admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) 1st & Main waives a hearing and submits to the statutory penalties
prescribed by law.
d) 1st & Main 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.
1st & Main has a liquor license for 101 Main Street. Violation of the liquor license
occurred as follows:
Violation Date
August 28, 2014
Violation Type Violation Number
Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, 1st
& Main 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, 1St & Main chooses one of the following penalties:
,x
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
1St & Main
Signature
Ea4--ek_
Name — Please Print
1`
Date
Signature
Name — Please Print
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 1st & Main to the City of
Dubuque - Police Department.
PASSED AND APPROVED this lst day of December
Attest:
K vin-Firnstatrl; -eity-elerk-
'aAl.a 42,J)
, 2014 .
Karla A. Braig, Mayor Pro Tem
Trish L. Gleason, Assistant City Clerk