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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 1 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 I I i