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Alcohol Compliance Civil Penalty for Alcohol License Holder— Fife's Bar Copyright 2014 City of Dubuque Consent Items # 28. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Fife's SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Fife's, 1113 Main Street. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Fife's 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 — Fife's DATE: July 13, 2015 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Fife's, 1113 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 Dalsing Chief of Police THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi June 29, 2015 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement— Fife's INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Fife's. BACKGROUND Fife's has a liquor license for its establishment at 1113 Main Street in the City of Dubuque. On May 15, 2015 the Dubuque Police Department did an alcohol compliance check at Fife's 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. Fife's has chosen a fourteen (14) day liquor license suspension and has submitted their signed agreement. The establishment was concerned about serving their suspension quickly, and consequently was allowed to begin their suspension immediately upon presentation of their signed agreement to the Dubuque Police Department. The suspension dates are detailed in their agreement. CONCLUSION & RECOMMENDATION In accordance with Council directive, City staff has developed a penalty schedule for violators. Fife's 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: Fife's 1113 Main Street Dubuque, IA 52001 Diversity Defined LLC 1113 Main Street Dubuque, IA 52001 I , fr 1 & ,l -re r'cl acknowledge that: , on behalf of Fife's, hereby knowingly and voluntarily a) Fife's received the notice regarding the above referenced case. b) Fife's admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Fife's waives a hearing and submits to the statutory penalties prescribed by law. d) Fife's 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. Fife's has a liquor license for 1113 Main Street. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number May 15, 2015 Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Fife's 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, Fife's chooses one of the following penalties: ❑ Five hundred dollar ($500.00) fine Fourteen (14) day liquor license suspension The suspension of the liquor license must be served as follows: Sunday, June 28, 2015 through and including Wednesday, July 8, 2015; and Monday, July 12, 2015 through and including Tuesday, July 14, 2015. Total: Fourteen (14) days Fife's Signature Signature Name — Please Print J Date 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 Fife's to the City of Dubuque — Police Department. PASSED AND APPROVED thisday of , 20 �. Roy D. Buoy ayor Attest: