Alcohol Compliance Civil Penalty for Yardarm Copyright 2014
City of Dubuque Consent Items # 23.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder—Yardarm
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Yardarm, 1201 Shiras Avenue
Extension.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Yardarm Alcohol Compliance Agreement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Yardarm Alcohol Compliance Settlement Agreement
DATE: August 4, 2016
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Yardarm, 1201 Shiras Ext.
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
August 4, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Yardarm; Alcohol Compliance Settlement
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Yardarm.
BACKGROUND
Yardarm has a liquor license for its establishment located at 1201 Shiras Ext. On June
3, 2016 the Dubuque Police Department did an alcohol compliance check at the
business and the 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. Yardarm was presented with their choice of
options and has selected a fourteen (14) day suspension. Suspension dates are
detailed in the attached settlement agreement.
CONCLUSION & RECOMMENDATION
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
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Alcohol Compliance —1St Violation
RE: Yardarm
1201 Shiras Ave Ext
Dubuque, IA 52001
Liquid IA Inc
1201 Shiras Ave Ext
Dubuque, IA 52001
1, S eJe L___!kur1 sCac
voluntarily acknowledge that:
, on behalf of Yardarm, hereby knowingly " and
a) Yardarm received the notice regarding the above referenced case.
b) Yardarm admits that the facts and allegations contained in the Complaint,
which is attached hereto and incorporated herein by reference, are true and
correct.
c) Yardarm waives a hearing and submits to the statutory penalties
prescribed by law.
d) Yardarm understands that this penalty 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.
Yardarm has a liquor license for 1201 Shiras Ave Ext. Violation of the liquor license
occurred as follows:
Violation Date
June 3, 2016
Violation Type Violation Number
Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Yardarm 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, Yardarm chooses the following penalty:
❑ Five hundred dollar ($500.00) fine
D3/ Fourteen (14) day liquor license suspension
The suspension of the liquor license must be served as follows:
Monday, November 14, 2016 through and including Sunday, November 27, 2016
Total: Fourteen (14) days
Sfev2 L- ur? S
Name - Please Print
�g o-. leo
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 suspension of the liquor license be served as outlined.
PASSED AND APPROVED this day off, , 20.
s`
Attest:
KKv+n-Fifnst -; -C y. lefk
1
Roy D. Buol,ayor
Trish L. Gleason, Assistant City Clerk