Alcohol Compliance Civil Penalty for Alcohol License Holder - Buffalo Wild Wings Copyright 2014
City of Dubuque Consent Items # 16.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Buffalo Wild
Wings
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Buffalo Wild Wings,
2805 Northwest Arterial.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Buffalo Wild Wings Alcohol Compliance Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Copy Supporting Documentation
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 — Buffalo Wild Wings
DATE: October 22, 2015
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Buffalo Wild Wings, 2805 Northwest Arterial.
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
October 21 , 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Buffalo Wild Wings
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Buffalo Wild Wings.
BACKGROUND
Buffalo Wild Wings has a liquor license for its establishment at 2805 Northwest Arterial
in the City of Dubuque. On September 4, 2015 the Dubuque Police Department did an
alcohol compliance check at Buffalo Wild Wings 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. Buffalo Wild Wings 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. Buffalo Wild Wings 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: Buffalo Wild Wings
2805 Northwest Arterial
Dubuque, IA 52002
Blazin Wings, Inc.
• 5500 Wayzata Blvd.
• Minneapolis, MN 55416
•
I, EMAil Derf<er , on behalf of Buffalo Wild Wings, hereby knowingly
and volunta. ily acknowledge that:
a) Buffalo Wild Wings received the notice regarding the above referenced
case.
b) Buffalo Wild Wings admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Buffalo Wild Wings waives a hearing and submits to the statutory
penalties prescribed by law.
d) Buffalo Wild Wings 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.
Buffalo Wild Wings has a liquor license for 2805 Northwest Arterial. Violation of the
liquor license occurred as follows:
Violation Date
Violation Type Violation Number
September 4, 2015 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Buffalo Wild Wings 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, Buffalo Wild Wings chooses one of the following penalties:
VP Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Buffalo Wild Wings
Signature
Ern \u , ey-
Name — Phase Print
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 Buffalo Wild Wings to the
City of Dubuque — Police Department.
PASSED AND APPROVED this J7/, day of %V , 20 /}j5.
Roy D. Buolayor
Attest:
KeJin Firnstahl, ity(C erk