Loading...
Alcohol Compliance Civil Penalty_Buffalo Wild Wings Copyright 2014 City of Dubuque Consent Items # 24. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Buffalo Wild Wings SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Buffalo Wild Wings, 2805 Northwest Arterial. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Buffalo Wild Wings Alcohol Compliance Agreement- City Manager Memo MVM 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: Settlement Agreement— Buffalo Wild Wings DATE: August 24, 2016 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Buffalo Wild Wings. 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 26, 2016 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement— Buffalo Wild Wings INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Buffalo Wild Wings. BACKGROUND Buffalo Wild Wings has a liquor license for its establishment at 2805 Northwest Arterial in the City of Dubuque. On September 4, 2016 and June 27, 2016 the Dubuque Police Department did an alcohol compliance check at Buffalo Wild Wings 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, and a penalty schedule was developed with options for violators. Buffalo Wild Wings was presented with penalty options which include license suspension, fines, or a combination of suspension and fines. Buffalo Wild Wings has chosen the option to pay a $15,000 fine and serve no license suspension. Additionally the agreement places them under a 12-month probationary period, requires them to use ID scanners, provide Training for Intervention Procedures (TIPS)training for employees, and terminate the employee who acted illegally. CONCLUSION & RECOMMENDATION In accordance with Council directive, City staff has developed a penalty schedule for violators. Buffalo Wild Wings 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 the Mayor's signature of the attached AcknowledgmentlSettlement Agreement. cc: Crenna Brumwell 1 ACKNOWLEDGMENT/SETTLEMENT AGREEMENT Alcohol Compliance — 2nd Violation RE: Buffalo Wild Wings 2805 Northwest Arterial Dubuque, IA 52002 Blazin Wings, Inc. 5500 Wayzata Blvd. Minneapolis, MN 55416 I, Evv61 0' , on behalf of Buffalo Wild Wings, hereby knowingly and voluntary acknowledge that: a) Buffalo Wild Wings received the notice regarding the above referenced case. b) Buffalo Wild Wings admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Buffalo Wild Wings waives a hearing and submits to the statutory penalties prescribed by law. d) Buffalo Wild Wings understands that this penalty will count as an official "Second 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. Buffalo Wild Wings has a liquor license for 2805 Northwest Arterial. Violations of the liquor license occurred as follows: Violation Date September 4, 2015 June 17, 2016 Violation Type Alcohol Violation Alcohol Violation Violation Number 1St Violation 2nd Violation At this time, Buffalo Wild Wings has one (1) alcohol violation pending. Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Buffalo Wild Wings is subject to a civil penalty and a suspension of the liquor license. In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4- 2B-16, Buffalo Wild Wings accepts the penalties for a Second Violation — Alcohol Compliance and chooses the following option: Please choose one (1) of the following options: ❑ Option #1 ✓ One thousand five hundred dollar ($1,500) fine ✓ Thirty (30) day suspension of the license ❑ Option #2 ✓ Five thousand dollar ($5,000) fine ✓ Fourteen (14) day suspension. of the license (Thirty (30) day suspension with sixteen (16) days suspended) ✓ No further violations for a twelve (12) consecutive month probationary period* ❑ Option #3 ✓ Seven thousand five hundred dollar ($7,500) fine ✓ Seven (7) day suspension of the license (Thirty (30) day suspensionwith twenty three (23) days suspended) ✓ No further violations for a twelve (12) consecutive month probationary period* ✓ Two (2) of the following (please choose two): ❑ Terminate the employee who acted illegally ❑ Purchase and use identification scanners for use on all alcohol sales ❑ All employees at the time of the violation who may serve alcohol and continue their employment must be trained in Training for Intervention Procedures or other training approved by the City within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive training within thirty (30) days of their hire date ❑ Use wristbands for patrons twenty-one (21) years of age and older ❑ Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the Chief of Police ❑ Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the Chief of Police ❑ Such other conditions as agreed upon between the licensee or permittee and the Chief of Police Option #4 ✓ Fifteen thousand dollar ($15,000) fine ✓ Zero (0) day suspension of the license (Thirty (30) day suspension with thirty (30) days suspended) ✓ No further violations for a twelve (12) consecutive month probationary period* ✓ Three (3) of the following (please choose three): Terminate the employee who acted illegally d'° Purchase and use identification scanners for use on all alcohol sales / All employees at the time of the violation who may serve alcohol and continue their employment must be trained in Training for Intervention Procedures or other training approved by the City within ninety (90) days and all new employees hired within two (2) years who may serve alcohol must receive the training within thirty (30) days of their hire date ❑ Use wristbands for patrons twenty-one (21) years of age and older ❑ Hire staff to check the identification of all patrons as they enter the establishment for days of the week and hours as determined by the Chief of Police ❑ Purchase, install, and use a system which scans photo identifications and records a photograph of the identification and the individual using the identification to secure entrance into the business, or other electronic system as approved by the Chief of Police ❑ Such other conditions as agreed upon between the licensee or permittee and the Chief of Police *If there is a violation within the probationary period, the days which were suspended must be served. Initials: Date: 15.� ?a l q? Buffalo Wild Wings Signature v� cz Ivy s y d est' Signature Name — Please Print Name — Please Print I1),A it', 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 be remitted by Buffalo Wild Wings on or before August 31, 2016 and conditions as outlined and approved by the Chief of Police be completed by September 30, 2016. PASSED AND APPROVED this &7 day of y'/,mc-, 20 %g . Attest: Kevin(F(rnstahl, City Roy D. Buol,layor