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: