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