Alcohol Compliance Civil Penalty for Alcohol License Holder— Neighbor's TapACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance — 1st Violation
•
RE: Neighbor's Tap • Neighbor's Inc.
1899 Rockdale Road 1899 Rockdale Road
Dubuque, IA 52003 Dubuque, IA 52003
I, (,�,� 1;,,���, era , on behalf of Neighbor's Tap, hereby knowingly and
voluntarily acknowledge that:
a) Neighbor's Tap received the notice regarding the above referenced case.
b) Neighbor's Tap admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Neighbor's Tap waives a hearing and submits to the statutory penalties
prescribed by law.
d) Neighbor's Tap understands that this penalty 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.
Neighbor's Tap has a liquor license for 1899 Rockdale Road. Violation of the liquor
license occurred as follows:
Violation Date Violation Type Violation Number
November 10, 2015 Alcohol Violation 1st Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Neighbor's Tap 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, Neighbor's Tap chooses the following penalty:
❑ Five hundred dollar ($500.00) fine
./Y
Fourteen (14) day liquor license suspension
The suspension of the liquor license must be served as follows:
Sunday, December 13, 2015 through and including Saturday, December 26, 2015
Total: Fourteen (14) days
Neighbor's Tap
Signature's
Signature
Names— Please Print Name — Please Print
i]/304/
Date 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 suspension of the liquor license be served as outlined.
PASSED AND APPROVED this 7th day of December , 2015 .
Attest:
KevifFtrnstahl,`C t r Clerk
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4.
R H°tiot Mlayor
Lynn V. Sutton, Mayor Pro -Tem
Copyright 2014
City of Dubuque Consent Items # 34.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Neighbor's
Tap
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Neighbor's Tap, 1899
Rockdale Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Neighbors Tap Alcohol Compliance Settlement-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 — Neighbor's Tap
DATE: December 1, 2015
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Neighbor's Tap, 1899 Rockdale Road.
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
November 30, 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Neighbor's Tap
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Neighbor's Tap.
BACKGROUND
Neighbor's Tap has a liquor license for its establishment at 1899 Rockdale Road in the
City of Dubuque. On November 10, 2015 the Dubuque Police Department did an
alcohol compliance check at Neighbor's Tap 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. Neighbor's Tap has chosen a fourteen day
suspension. The suspension dates are detailed in the attached settlement agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Neighbor's Tap 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
ACKNOWLEDGMENUSETTLEMENT AGREEMENT
Alcohol Compliance — 1St Violation
RE: Neighbor's Tap Neighbor's Inc.
1899 Rockdale Road 1899 Rockdale Road
Dubuque, IA 52003 Dubuque, IA 52003
I, on behalf of Neighbor's Tap, hereby knowingly and
voluntarily acknowledge that:
j
a) Neighbor's Tap received the notice regarding the above referenced case.
b) Neighbor's Tap admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
C) Neighbor's Tap waives a hearing and submits to the statutory penalties
prescribed by law.
d) Neighbor's Tap understands that this penalty 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 §4-213-
16.
Neighbor's Tap has a liquor license for 1899 Rockdale Road. Violation of the liquor
license occurred as follows:
Violation Date Violation Type Violation Number
November 10, 2015 Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Neighbor's Tap 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-
213-16, Neighbor's Tap chooses the following penalty:
❑ Five hundred dollar ($500.00) fine
Fourteen (14) day liquor license suspension
I
The suspension of the liquor license must be served as follows:
Sunday, December 13, 2015 through and including Saturday, December 26, 2015
Total: Fourteen (14) days
Neighbor's Tap
Signature Signature
Name-Please Print Name— Please Print
i
Date 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 suspension of the liquor license be served as outlined.
PASSED AND APPROVED this day of 20
Roy D. Buol, Mayor
Attest:
Kevin Firnstahl, City Clerk
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