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Alcohol Compliance Civil Penalty for Alcohol License Holder — Vinny Vannucchi's Copyright 2014 City of Dubuque Consent Items # 19. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Vinny Vanucchi's Little Italy SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Vinny Vanucchi's Little Italy, 164 Main Street. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Vinny Vanucchis Little Italy Alcohol Compliance Settlement Agreement- City Manager Memo MVM Memo ❑ Staff Memo Staff Memo ❑ Agreement 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 —Vinny Vanucchis Little Italy DATE: April 28, 2015 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Vinny Vanucchis Little Italy, 164 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 April 27, 2015 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement— Vinny Vanucchis Little Italy INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Vinny Vanucchis Little Italy. BACKGROUND Vinny Vanucchis Little Italy has a liquor license for its establishment at 164 Main Street in the City of Dubuque. On March 6, 2015 the Dubuque Police Department did an alcohol compliance check at Vinny Vanucchis Little Italy 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. Vinny Vanucchis Little Italy 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. Vinny Vanucchis Little Italy 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: Vinny Vanucchis Little Italy 164 Main Street Dubuque, IA 52001 Grayson Enterprises 180 Main Street Dubuque, IA 52001 , on behalf of Vinny Vanucchis Little Italy, hereby knowingly and voluntarily ac nowledge that: a) Vinny Vanucchis Little Italy received the notice regarding the above referenced case. b) Vinny Vanucchis Little Italy admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Vinny Vanucchis Little Italy waives a hearing and submits to the statutory penalties prescribed by law. d) Vinny Vanuchhis Little Italy 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. Vinny Vanucchis Little Italy has a liquor license for 164 Main Street. Violation of the liquor License occurred as follows: Violation Date Violation Type Violation Number March 6, 2015 Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, 'Vinny,Vanucchis Little Italy 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, Vinny Vanucchis Little Italy chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Vinny Vanucchis Little Italy Name — Please Print 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 Vinny Vanucchis Little Italy to the City of Dubuque — Police Department. PASSED AND APPROVED this 4th day of Attest: Kevin irnstahl, City May , 2015 Roy D. Buq Mayor