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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