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Alcohol Compliance Civil Penalty_Grand Harbor Resort and Water Park Copyright 2014 City of Dubuque Consent Items # 22. ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holders — Grand Harbor Resort and Water Park SUMMARY: City Manager recommending approval of the Acknowledge ment/Settlement Agreement for an alcohol compliance violation for Grand Harbor Resort and Water Park, 350 Bell Street. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Grand Harbor Resort 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— Grand Harbor Resort &Water Park DATE: December 27, 2016 Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance Settlement Agreement with Grand Harbor Resort &Water Park, 350 Bell 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 December 27, 2016 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement— Grand Harbor Resort &Water Park INTRODUCTION This memo will detail the Alcohol Compliance settlement between the City of Dubuque and Grand Harbor Resort &Water Park. BACKGROUND Grand Harbor Resort &Water Park has a liquor license for its establishment at 350 Bell Street in the City of Dubuque. On September 8, 2015, February 12, 2016 and September 23, 2016 the Dubuque Police Department did alcohol compliance checks at Grand Harbor Resort &Water Park and each time an employee sold alcohol to underage youth compliance monitors. City Council had previously directed staff to work with license and permit holders to serve suspensions & penalties in a flexible manner, and a penalty schedule was developed with options for violators. This was a unique situation as the second offense wasn't resolved prior to the third offense happening, so existing guidelines for violations really didn't apply, therefore City staff met to create reasonable penalty options. Grand Harbor Resort &Water Park was presented with penalty options which included license suspension, fines, or a combination of suspension and fines. Grand Harbor Resort &Water Park has chosen the option to pay a $30,000 fine and serve a sixty (60) day license suspension, thirty (30) days of which will be suspended provided they have no further violations for a twelve (12) month consecutive month probationary period. Additionally, the agreement requires them to use ID scanners, provide Training for Intervention Procedures (TIPS) training for employees, terminate the employee who acted illegally and in the Water Park, use wristbands for patrons twenty-one (21) years of age and older. CONCLUSION & RECOMMENDATION In accordance with Council directive, City staff developed a penalty schedule for violators. Grand Harbor Resort &Water Park was provided the schedule and selected their choice of penalty. Suspension dates are detailed in the attached settlement 1 agreement which begins January 2, 2017. The suspension dates were agreed upon in advance of City Council submission, but this is consistent with past practice of allowing licensees to begin serving suspensions once the dates are agreed upon by City staff. However, the licensees are also notified that if for some reason, City Council does not approve the final agreement, the licensee would receive credit for suspension days already served while a new agreement is developed. Also, all violating licensees, including Grand Harbor Resort & Water Park, are notified that the Police Department will be conducting inspections during the suspension dates to ensure compliance with the agreement, and that a violation will result in serving the full suspension. 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 Acknowledgment/Settlement Agreement. cc: Crenna Brumwell 2 ACKNOWLEDGMENT/SETTLEMENT AGREEMENT Alcohol Compliance — 2nd and 3rd Violations RE: Grand Harbor Resort & \ Water Park 350 Bell Street Dubuque, IA 52001 • • Platinum Holdings LLC 800 White Street, Suite 200 Dubuque, IA 52001 1, 5\r ergs e,. _, on behalf of Grand Harbor Resort & Water Park, hereby knowingly and voluntarily acknowledge that: a) Grand Harbor Resort & Water Park received the notices regarding the above referenced cases. b) Grand Harbor Resort & Water Park admits that the facts and allegations contained in the Complaints, which are attached hereto and incorporated herein by reference, are true and correct. c) Grand Harbor Resort & Water Park waives a hearing and submits to the statutory penalties prescribed by law. d) Grand Harbor Resort & Water Park understands that these penalties will count as official "Second Violation — Alcohol Compliance" and "Third 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. Grand Harbor Resort & Water Park has a liquor license for 350 Bell Street. Violations of the liquor license occurred as follows: Violation Date September 8, 2015 February 12, 2016 September 23, 2016 Violation Tvoe Alcohol Violation Alcohol Violation Alcohol Violation Violation Number 1st Violation 2nd Violation 3rd Violation At this time, Grand Harbor Resort & Water Park has two (2) alcohol violations pending. Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions, Grand Harbor Resort & Water Park 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, Grand Harbor Resort & Water Park accepts the penalties for the Second Violation — Alcohol Compliance and Third Violation — Alcohol Compliance and agrees to the following: Thirty thousand dollar ($30,000) fine, a sixty (60) day suspension of which thirty (30) days will be suspended, no further violations for a twelve (12) consecutive month probationary period, and all of the following conditions: ✓ 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 the training within thirty (30) days of their hire date. ✓ In the Water Park, use wristbands for patrons twenty-one (21) years of age and older. If there is a violation within the twelve (12) month probationary period, the thirty (30) days which were suspended must be served as agreed upon by the Chief of Police. The suspension of the liquor license must be served as follows: • Monday, January 2, 2017 through and including Tuesday, January 10, 2017 Nine (9) days • Thursday, January 12, 2017 through and including Wednesday, January 18, 2017 Seven (7) days • Sunday, January 22, 2017 through and including Wednesday, January 25, 2017 Four (4) days • Monday, January 30, 2017 through and including Wednesday, February 1, 2017 Three (3) days • Monday, February 6, 2017 through and including Wednesday, February 8, 2017 Three (3) days • Monday, February 20, 2017 through and including Tuesday, February 21, 2017 Two (2) days • Monday, February 27, 2017 through and including Tuesday, February 28, 2017 Two (2) days Grand Harbor Resort & Water Park 51 -CAA e rJ L L. Name — Please Print t z Z i!L D to Signature Name — Please Print Date Total: Thirty (30) days 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 Grand Harbor Resort & Water Park on or before June 30, 2017, suspension of the liquor license be served as outlined, and conditions as outlined be completed by January 31, 2017. PASSED AND APPROVED this 3rd day of January , 20 17 / 4.4 Roy D. ButMayor Attest: Trish L. Gleason, Asst. City Clerk