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