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Alcohol and Tobacco License Applications Copyright 2014 City of Dubuque Consent Items # 20. ITEM TITLE: Alcohol and Tobacco License Applications SUMMARY: City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. RESOLUTION Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits RESOLUTION Approving applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Liquor License Renewals City Manager Memo ❑ Staff Memo Staff Memo ❑ Liquor Resolution Resolutions ❑ Tobacco Resolution Resolutions 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: Liquor License Renewal for the following: • Cue Masters Billiards, 900 Central Avenue • Hy-Vee #2, 2395 Northwest Arterial • Hy-Vee Gas #1, 3270 Dodge Street • Instant Replay, 1602 Central Avenue • Kwik Stop Food Mart, 4039 Pennsylvania Avenue • Pepper Sprout, Inc., 378 Main Street • Sam's Club #4973, 4400 Asbury Road • Steve's Ace Home & Garden, 3350 John F. Kennedy Road • The Moracco, 1413 Rockdale Road DATE: November 24, 2014 Chief of Police Mark Dalsing recommends approval of the annual liquor license renewal for the businesses of Cue Masters Billiards, 900 Central Avenue; Hy-Vee #2, 2395 Northwest Arterial; Hy-Vee Gas #1, 3270 Dodge Street; Instant Replay, 1602 Central Avenue; Kwik Stop Food Mart, 4039 Pennsylvania Avenue; Pepper Sprout, Inc., 378 Main Street; Sam's Club #4973, 4400 Asbury Road; Steve's Ace Home & Garden, 3350 John F. Kennedy Road; and The Moracco, 1413 Rockdale Road. 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 Dalsing, Chief of Police THE MY OF DUB E MEMORANDUM Masterpiece on the Mississippi DATE: November 20, 2014 TO: Michael C. Van Milligen City Manager FROM: Mark Dalsing Chief of Police RE: Liquor License Renewal for the following: • Cue Masters Billiards, 900 Central Avenue • Hy-Vee #2, 2395 Northwest Arterial • Hy-Vee Gas #1 , 3270 Dodge Street • Instant Replay, 1602 Central Avenue • Kwik Stop Food Mart, 4039 Pennsylvania Avenue • Pepper Sprout, Inc., 378 Main Street • Sam's Club #4973, 4400 Asbury Road • Steve's Ace Home & Garden, 3350 John F. Kennedy Road • The Moracco, 1413 Rockdale Road INTRODUCTION The purpose of this memorandum is to recommend the annual renewal of the above liquor license establishments and to highlight the calls for service related to incidences of disturbances, crimes against persons, crimes against property, and public morals occurring at the business since the last liquor license renewal. BACKGROUND Regarding the listed establishments, the following is a summary of activity since their last renewal. The following key provides a brief description of those calls for service displaying four areas of concern. Includes physical fighting, verbal arguments, loud music and/or subjects Disturbances and all other disorderly behavior not already listed Crimes Against Persons Includes Assault and Harassment Crimes Against Property Includes Burglary, Criminal Mischief and Theft Public Morals Includes Public Intoxication and Possession of Controlled Substances 1 DISCUSSION Cue Masters Billiards, 900 Central Avenue Since the last renewal date there have been 15 calls for service to the establishment. There was one disturbance, no crimes against persons, two crimes against property, and four public morals calls. Additionally, there were three individual violations and no violations against the business. DPD Case# Type of Call/Circumstances Disposition 13-58051 Public Morals–gambling Report Filed 13-58541 Theft Handled By Officer 14-17625 Theft Offense—Report 14-17657 Disturbance–verbal Public Intoxication (2), Interference with Official Acts 14-17938Public Morals–controlled substances HandledB Officer 14-26517 Public Morals–controlled substances Handled B,y Officer 14-35453 1 Public Morals–intoxication Handled By Officer Hy-Vee #2, 2395 Northwest Arterial Since the last renewal date there have been 11 calls for service to the establishment. There was one disturbance, no crimes against persons, six crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. Note: Calls to the Club Room cannot be distinguished from calls to Hy-Vee #2, which has a separate license. Calls for service from June 18, 2014 through November 18, 2014 were evaluated DPD Case# Type of Call/Circumstances Disposition 14-000665 Theft Handled By Officer 14-007024 Disturbance–verbal Handled By Officer 14-01581 Theft Handled By Officer 2014-038806 Theft Incident Report 14-019021 Theft Handled By Officer 2014-039350 Theft Handled By Officer 2014-039455 Theft Incident Report Hy-Vee Gas #1 , 3270 Dodge Street Since the last renewal date there have been eight calls for service to the establishment. There were two disturbances, one crime against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case# Type of Call/Circumstances Disposition 14-26383 Burglary Offense Report 14-024378 Disturbance -verbal Handled By Officer 14-024379 Disturbance–verbal Handled By Officer Instant Replay, 1602 Central Avenue Since the last renewal date there have been seven calls for service to the establishment. There was one disturbance, one crime against persons, one crime 2 against property, and one public morals call. Additionally, there were two individual violations and no violations against the business. DPD Case# Type of CalUCircumstances Disposition 14-15271 Assault Handled By Officer 14-30625 Criminal Mischief Handled By Officer 14-018033 Disturbance—physical Handled By Officer 2014-039248 Public Morals—intoxication Public Intoxication, Interference with Official Acts Kwik Stop Food Mart, 4039 Pennsylvania Avenue Since the last renewal date there have been 36 calls for service to the establishment. There were no disturbances, one crime against persons, 19 crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case# Type of CalUCircumstances Disposition 13-58998 Theft Handled By Officer 13-59209 Theft Dispatcher Handled 13-60464 Theft Dispatcher handled 14-7292 Theft Handled By Officer 14-7865 Theft Dispatcher Handled 14-11756 Theft Dispatcher Handled 14-12632 Theft Handled By Officer 14-14451 Theft Handled By Officer 14-18067 Theft Dispatcher Handled 14-21902 Theft Report Filed 14-27124 Theft Handled By Officer 14-27969 Theft Handled By Officer 14-31518 Theft Handled By Officer 14-33540 Theft Dispatcher Handled 14-34702 Theft Handled By Officer 14-34818 Theft Offense Report 14-001937 Theft Handled By Officer 2014-037668 Theft Incident Report 2014-037856 Sexual Assault Incident Report 14-025071 Theft Handled By Officer Pepper Sprout, Inc., 378 Main Street Since the last renewal date there have been three calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. Sam's Club #4973, 4400 Asbury Road Since the last renewal date there have been 12 calls for service to the establishment. There was one disturbance, no crimes against persons, one crime against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. 3 DPD Case# I Type of Call/Circumstances Disposition 13-60157 1 Criminal Mischief I Handled By Officer 14-10361 1 Disturbance—verbal I Handled By Officer Steve's Ace Home & Garden, 3350 John F. Kennedy Road Since the last renewal date there have been seven calls for service to the establishment. There were no disturbances, no crimes against persons, one crime against property, and two public morals calls. Additionally, there were no individual violations and no violations against the business. DPD Case# Type of Call/Circumstances Disposition 14-4319 Public Morals—controlled substance Dispatcher Handled 14-23648 Burglary Offense Report 14-31131 Public Morals—controlled substance Dispatcher Handled The Moracco, 1413 Rockdale Road Since the last renewal date there have been six calls for service to the establishment. There were no disturbances, no crimes against persons, no crimes against property, and no public morals calls. Additionally, there were no individual violations and no violations against the business. RECOMMENDATION Based upon a review of the above businesses, we would recommend approval of the annual liquor license for Cue Masters Billiards, 900 Central Avenue; Hy-Vee #2, 2395 Northwest Arterial; Hy-Vee Gas #1 , 3270 Dodge Street; Instant Replay, 1602 Central Avenue; Kwik Stop Food Mart, 4039 Pennsylvania Avenue; Pepper Sprout, Inc., 378 Main Street; Sam's Club #4973, 4400 Asbury Road; Steve's Ace Home & Garden, 3350 John F. Kennedy Road; and The Moracco, 1413 Rockdale Road. ACTION REQUESTED Action requested is for City Council consideration to approve the liquor license renewal For Cue Masters Billiards, 900 Central Avenue; Hy-Vee #2, 2395 Northwest Arterial; Hy-Vee Gas #1 , 3270 Dodge Street; Instant Replay, 1602 Central Avenue; Kwik Stop Food Mart, 4039 Pennsylvania Avenue; Pepper Sprout, Inc., 378 Main Street; Sam's Club #4973, 4400 Asbury Road; Steve's Ace Home & Garden, 3350 John F. Kennedy Road; and The Moracco, 1413 Rockdale Road. cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kevin Firnstahl, City Clerk 4 RESOLUTION NO. 372-14 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Cue Masters Billiards • Hy-Vee#2.............................................. Hy -Vee C -Store #1 :......................................................................................................................... Instant Replay Kwik Stop Food Mart :......................................................................................................................... Pepper Sprout, Inc. :......................................................................................................................... Sam's Club #4973 :......................................................................................................................... Steve's Ace Home & Garden The Moracco 900 Central Ave. 2395 NW Arterial 3270 Dodge St. 1602 Central Ave. 4039 Pennsylvania Ave. 378 Main St. .................................................................................................................. 4400 Asbury Rd. ............................................................................................................................. 3350 JF Kennedy Rd. 1413 Rockdale Rd. Class C Liquor (Sunday) ............ . Class E Liquor (Sunday) Class C Beer, Class B Wine Sunday).......................................................................................................... Class C Liquor (Living Qrts.) I (Sunday) Class C Beer, Class B Native Wine (Sunday) :....................................................................................... Class C Liquor Class E Liquor (Sunday) Class B Native Wine (Sunday Class C Liquor (Sunday) Passed, approved and adopted this 1St day of December, 2014. 6LAI:ex- et _ cd. Karla A. Braig, May Pro Tem Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 373-14 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Sam's Club #4973 4400 Asbury Rd. Passed, approved and adopted this 1st day of December, 2014. ,))2014— Karla A. Braig, Mayor P Tem Attest: Trish L. Gleason, Assistant City Clerk