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