Alcohol Compliance Civil Penalty - Holiday Inn Five Flags Dubuque Copyright 2014
City of Dubuque Consent Items # 18.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License
Holder— Holiday Inn Dubuque Five Flags
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol
compliance violation for Holiday Inn Dubuque Five Flags,
450 Main Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Holiday Inn Alcohol Compliance Settlement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Agreement Copy Supporting Documentation
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— Holiday Inn Dubuque Five Flags
DATE: September 21, 2016
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Holiday Inn Dubuque Five Flags, 450 Main Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, 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
September 15, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Holiday Inn Dubuque Five Flags
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Holiday Inn Dubuque Five Flags.
BACKGROUND
Holiday Inn Dubuque Five Flags has a liquor license for its establishment at 450 Main
Street in the City of Dubuque. On July 22, 2016 the Dubuque Police Department did an
alcohol compliance check at Holiday Inn Dubuque Five Flags 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. Holiday Inn Dubuque Five Flags 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. Holiday Inn Dubuque Five Flags 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: Holiday Inn Dubuque Five Flags
450 Main Street
Dubuque, IA 52001
Kinseth Hotel Corporation
2 Quail Creek Circle
North Liberty, IA 52317
1, A Lin -S rJ , on behalf of Holiday Inn Dubuque Five Flags, hereby
knowingly and voluntarily acknowledge that:
a) Holiday Inn Dubuque Five Flags received the notice regarding the above
referenced case.
b) Holiday Inn Dubuque Five Flags admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Holiday Inn Dubuque Five Flags waives a hearing and submits to the
statutory penalties prescribed by law.
d) Holiday Inn Dubuque Five Flags 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.
Holiday Inn Dubuque Five Flags has a liquor license for 450 Main Street. Violation of
the liquor license occurred as follows:
Violation Date Violation Type Violation Number
July 22, 2016 Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Holiday Inn Dubuque Five Flags 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, Holiday Inn Dubuque Five Flags chooses one of the following penalties:
Five hundred dollar ($500.00) fine
Fourteen (14) day liquor license suspension
Holiday Inn Dubuque Five Flags
Signature Signature
AP/1m (--fi,‘)
Name — Please Print Name — Please Print
9((311,
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 has been remitted by Holiday Inn Dubuque Five
Flags to the City of Dubuque — Police Department.
PASSED AND APPROVED this day of rcr=i'iTEcipp- , 20 i
Attest:
Kevin irnstahl, Citi- erk
/1-/,„04,-11
Roy D. Buol K/layor