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Alcohol Compliance_Days Inn & Spirits Bar & Grill Copyright 2014 City of Dubuque Consent Items # 23. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Days Inn & Spirits Bar& Grill SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Days Inn & Spirits Bar& Grill, 1111 Dodge Street. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Settlement Agreement-Days Inn-MVM Memo City Manager Memo Staff Memo Staff Memo Agreement Copy Staff Memo THE CITY ODubuque AI-AmericII a Ciry DUBi&E r 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 — Days Inn & Spirits Bar & Grill DATE: April 25, 2016 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Days Inn & Spirits Bar & Grill. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv 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 April 19, 2016 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement— Days Inn & Spirits Bar & Grill INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Days Inn & Spirits Bar & Grill. BACKGROUND Days Inn & Spirits Bar & Grill has a liquor license for its establishment at 1111 Dodge Street in the City of Dubuque. On March 11, 2016 the Dubuque Police Department did an alcohol compliance check at Days Inn & Spirits Bar & Grill 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. Days Inn & Spirits Bar & Grill 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. Days Inn & Spirits Bar & Grill 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: Days Inn & Spirits Bar & Grill RonSan Enterprises, Inc. 1111 Dodge Street 1111 Dodge Street Dubuque, IA 52003 Dubuque, IA 52003 20., :d), //a , on behalf of Days Inn & Spirits Bar & Grill, hereby knowingly and voluntarily acknowledge that: a) Days Inn & Spirits Bar & Grill received the notice regarding the above referenced case. b) Days Inn & Spirits Bar & Grill admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Days Inn & Spirits Bar & Grill waives a hearing and submits to the statutory penalties prescribed by law. d) Days Inn & Spirits Bar & Grill 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. Days Inn & Spirits Bar & Grill has a liquor license for 1111 Dodge Street. Violation of the liquor license occurred as follows: Violation Date Violation Type Violation Number March 11, 2016 Alcohol Violation 1St Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Days Inn & Spirits Bar & Grill 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, Days Inn & Spirits Bar & Grill chooses one of the following penalties: Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension Days Inn & Spirits Bar & Grill Signature 54t% 7 J' xJe L1 Signature Name - Please Print Name — Please Print 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 foregoing civil penalty has been remitted by Days Inn & Spirits Bar & Grill to the City of Dubuque — Police Department. PASSED AND APPROVED thi X day of Attest: Kevin Finns ahl, City der' ,20 . Roy D. Buol, ,/layor