Alcohol Compliance Civil Penalty for Alcohol License_Carlos O'Kelley's Copyright 2014
City of Dubuque Consent Items # 26.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Carlos O'Kelly's Mexican Cafe
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Carlos O'Kelly's Mexican Cafe,
1355 Associates Drive.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Carlos GKelly's 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 — Carlos O'Kelly's Mexican Cafe
DATE: May 10, 2016
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Carlos O'Kelly's Mexican Cafe, 1355 Associates Drive.
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
May 4, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Carlos O'Kelly's Mexican Cafe
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Carlos O'Kelly's Mexican Cafe.
BACKGROUND
Carlos O'Kelly's Mexican Cafe has a liquor license for its establishment at 1355
Associates Drive in the City of Dubuque. On March 11 , 2016 the Dubuque Police
Department did an alcohol compliance check at Carlos O'Kelly's Mexican Cafe 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. Carlos O'Kelly's Mexican Cafe 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. Carlos O'Kelly's Mexican Cafe 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: Carlos O'Kelly's Mexican Cafe Carlos O'Kelly's Inc.
1355 Associates Drive 1877 N Rock Road
Dubuque, IA 52002 Wichita, KS 67206
•
I, V`--�!'oCoOro , on behalf of Carlos O'Kelly's Mexican Cafe, hereby
knowingly and voluntarily acknowledge that:
a) Carlos O'Kelly's Mexican Cafe received the notice regarding the above
referenced case.
b) Carlos O'Kelly's Mexican Cafe admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Carlos O'Kelly's Mexican Cafe waives a hearing and submits to the
statutory penalties prescribed by law.
d) Carlos O'Kelly's Mexican Cafe 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.
Carlos O'Kelly's Mexican Cafe has a liquor license for 1355 Associates Drive. 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,
Carlos O'Kelly's Mexican Cafe 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, Carlos O'Kelly's Mexican Cafe chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Carlos O'Kelly's Mexican Cafe
1l�ah r,c
Signature
Name — Please Print Name — Please Print
LA.RIL0
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 Carlos O'Kelly's Mexican
Cafe to the City of Dubuque — Police Department.
PASSED AND APPROVED this /47' day of , 20 .
Attest:
Kevin(r-irnstahl, City Clerk
Roy D. Bdf; Mayor