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Alcohol Compliance Civil Penalty_National Mississippi River Museum and Aquarium Copyright 2014 City of Dubuque Consent Items # 35. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— National Mississippi River Museum and Aquarium SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for National Mississippi River Museum and Aquarium, 350 E. 3rd Street SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type National Mississippi River Museum Alcohol Settlement City Manager Memo Agreement-MVM 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 — National Mississippi River Museum & Aquarium DATE: June 21, 2016 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with the National Mississippi River Museum & Aquarium, 350 E. 3rd Street. 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 June 17, 2016 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement— National Mississippi River Museum & Aquarium INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and National Mississippi River Museum & Aquarium. BACKGROUND National Mississippi River Museum & Aquarium has a liquor license for its establishment at 350 E. 3rd Street in the City of Dubuque. On March 8, 2016 the Dubuque Police Department did an alcohol compliance check at National Mississippi River Museum & Aquarium 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. National Mississippi River Museum & Aquarium 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. National Mississippi River Museum & Aquarium 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: National Mississippi River Museum & Aquarium 350 E 3rd Street Dubuque, IA 52001 • Dubuque County Historical Society 350 E 3rd Street Dubuque, IA 52001 I, JL S , on behalf of the National Mississippi River Museum & Aquarium, hereby knowingly and voluntarily acknowledge that: a) National Mississippi River Museum & Aquarium received the notice regarding the above referenced case. b) National Mississippi River Museum & Aquarium admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) National Mississippi River Museum & Aquarium waives a hearing and submits to the statutory penalties prescribed by law. d) National Mississippi River Museum & Aquarium 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. National Mississippi River Museum & Aquarium has a liquor license for 350 E 3rd Street. Violation of the liquor license occurred as follows: Violation Date March 8, 2016 Violation Type Violation Number Alcohol Violation 1st Violation Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, National Mississippi River Museum & Aquarium 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, National Mississippi River Museum & Aquarium chooses one of the following penalties: 9( Five hundred dollar ($500.00) fine ❑ Fourteen (14) day liquor license suspension National Mississippi River Museum & Aquarium 414 (ILL r Name — Please Print ntiId , 7(116 Date/ Signature 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 National Mississippi River Museum & Aquarium to the City of Dubuque — Police Department. PASSED AND APPROVED this Y'nday of j9 , 2074 Roy D. Buoayor Attest: Kevin Firnstahl, City erk