Alcohol Compliance Civil Penalty_Mindframe Theaters Copyright 2014
City of Dubuque Consent Items # 31.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Mindframe Theaters
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Mindframe Theaters, 555 John F.
Kennedy Road, #105.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Mindframe Alcohol Compliance Agreement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Agreement Copy Supporting Documentation
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 — Mindframe Theaters
DATE: May 18, 2016
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Mindframe Theaters, 555 John F. Kennedy Road.
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 16, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Mindframe Theaters
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Mindframe Theaters.
BACKGROUND
Mindframe Theaters has a liquor license for its establishment at 555 John F Kennedy
Road in the City of Dubuque. On March 11 , 2016 the Dubuque Police Department did
an alcohol compliance check at Mindframe Theaters 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. Mindframe Theaters 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. Mindframe Theaters 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: Mindframe Theaters
555 JFK #105
Dubuque, IA 52001
Mindframe MultiMedia LLC
555 JFK #105
Dubuque, IA 52001
�(A Ai , on behalf of Mindframe Theaters, hereby knowingly
and voluntarily ackn wledge that:
a) Mindframe Theaters received the notice regarding the above referenced
case.
b) Mindframe Theaters admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Mindframe Theaters waives a hearing and submits to the statutory
penalties prescribed by law.
d) Mindframe Theaters 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.
Mindframe Theaters has a liquor license for 555 JFK #105. 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,
Mindframe Theaters 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, Mindframe Theaters chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Mindframe Theaters
Sig
ate ✓' Signature
Ual
Name - Please Print
Date
Name - Please Print
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 Mindframe Theaters to the
City of Dubuque — Police Department.
PASSED AND APPROVED this day of W c — , 20/7 .
Attest:
Kevi6 Firnstahl, ' Fly Cilerk
Roy -B -&aof;
Ric W. Jones, Mayor Pro -Tem