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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