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Alcohol Compliance Violation - Town Clock Inn Copyright 2014 City of Dubuque Consent Items # 25. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Town Clock Inn SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for the Town Clock Inn, 799 Town Clock Plaza. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Town Clock Inn Alcohol Compliance Agreement-MVM City Manager Memo 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 —Town Clock Inn DATE: March 14, 2016 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Town Clock Inn, 799 Town Clock Plaza. 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 M. Dalsing, Chief of Police THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi March 7, 2016 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement— Town Clock Inn INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Town Clock Inn. BACKGROUND Town Clock Inn has a liquor license for its establishment at 799 Town Clock Plaza in the City of Dubuque. On November 17, 2015 the Dubuque Police Department did an alcohol compliance check at Town Clock Inn 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. Town Clock Inn 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. Town Clock Inn 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 RE: Town Clock Inn 799 To- Clock Pla7a Dubuque, IA 52001 Town Clock Inn, Inc. Town Clock Plaza Dubuque, IA 52001 t,Lji Ns voluntarily aclm • ge , on behalf of Town Clock Inn, hereby knowingly and a) Town Clock Inn received the notice .. b) Town Clock Inn admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Town Clock Inn waives a hearing and submits to the statutory penalties prescribed by law. d) Town Cloc-k Inn 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. Town Clock Inn has a liquor license for 799 Town Clock P(aza. Violation of the liquor license occurred as follows: Violation Date Violation Type November 17, 2015 Alcohol Violation Violation Number 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Town Clock Inn 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, Town Clock Inn chooses the following penalty: Five hundred dollar ($500.00) fine Fourteen (14) day liquor license suspension The suspension of the liquor license must be served as follows: Monday, May 30, 2016 — Tuesday, May 31, 2016 Sunday, June 26, 2016 — Thursday, July 7, 2016 Town Clock Inn C-7 Signature Two (2) days Twelve (12) days Total: Fourteen (14) days a‘14 m,L„, Name - Please Print Name - Please Print M-1(0 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 this21st day of March Attest: AO.,1rffer>" Kevin ir stahl, City kirk ,20.16 r Ric W. Jones, Mayor Pro -Tem