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HomeMy WebLinkAboutCity Liquor & Tobacco-9/10/2012ALCOHOL LICENSING SETTLEMENT AGREEMENT RECEIVED SEP 142012 REGULATION This Alcohol Licensing Settlement Agreement (the "Agreement") is entered into as of the last date signed below by and between the City of Waterloo, Iowa ("City") and HIH, LLC, d/b/a City Liquor & Tobacco ("Licensee"). RECITALS A. On or about March 1, 2012, Licensee filed an electronic application (the "Application") for renewal of a Class E liquor license with respect to premises at 200 Broadway Street, Waterloo, Iowa (the "Licensed Premises"). The Application was denied by the Waterloo City Council on April 23, 2012. B. Licensee appealed City's action to the Iowa Alcoholic Beverages Division ("ABD"). The parties desire to resolve the dispute, without further hearing, on the terms set forth in this Agreement. C. Licensee acknowledges its duty under Iowa law to maintain a good reputation for compliance with applicable laws, ordinances and regulations. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Licensee agrees to permanently close the drive-thru window (the "window") located on the Licensed Premises within forty-five (45) days of the date this Agreement is signed by the City, and to keep the window closed for the duration of the time that Licensee maintains an alcohol license or permit for the Licensed Premises. Closing of the window shall include removing the window, filling in the area where the window existed, and making the area on the exterior of the building where the window was located look aesthetically pleasing and coordinated with the rest of the building exterior. Licensee will procure a building permit before starting work and will arrange for all necessary inspections. Nothing in this section shall prevent Licensee from applying for a building permit to reconstruct a drive-thru window at a later date if Licensee discontinues the sale of alcohol on the Licensed Premises. 2. For the duration of time prior to the window being closed pursuant to paragraph 1 above, Licensee shall display a sign in the window that meets the requirements of Ordinance 5127, advising its customers that alcohol cannot be sold through the window and that customers must come inside the building to purchase alcohol. Licensee agrees that no alcohol shall be sold through the window during this time, in compliance with City of Waterloo Ordinances. 3. City will recommend a dismissal of the citation issued to Licensee on March 1, 2012 for unlawful alcohol sales via a drive -up window. Licensee agrees to pay all costs associated with the citation which have accumulated as of the date of this Agreement. 4. Concurrently with submitting this Agreement for approval by City, Licensee may resubmit its application for renewal of a Class E liquor license with respect to the Licensed Premises, and upon said submission, City shall recommend said renewal, provided that Licensee has incurred no further citations for violation of state or local laws applicable to alcohol licensing. 5. In the event City approves Licensee's application for renewal of a Class E liquor license with respect to the Licensed Premises, and Licensee subsequently fails to comply with any of the terms of the Agreement, City may, at its discretion, immediately suspend Licensee's Class E liquor license until Licensee is in full compliance with this Agreement. 6. The parties agree that (a) Licensee's promise of performance according to the terms and conditions set forth herein is a material inducement to City's willingness to enter this Agreement and to consent to approval of the Application and (b) such consent by City is a material inducement to Licensee's making of the promises contained herein. Both parties acknowledge that this Agreement is subject to approval by ABD and that the Application will not be approved without action by ABD. If ABD approves this Agreement and the Application, the parties agree to promptly take all action reasonably necessary to dismiss the pending appeal. 7. Each party waives and releases any and all claims, demands, causes of action or liability whatsoever that it may have against the other party, its officers, directors, shareholders, officials, employees or agents, arising out of or in any way connected with the Application or the denial or other handling of same, and each party holds the other party harmless from and against any and all such liabilities. 8. Each party has had the opportunity to review this Agreement with independent legal counsel before signing it. The parties execute this Agreement freely and voluntarily, intending to be bound by its provisions. Because both parties have contributed to the final content of this Agreement, the provisions hereof shall not be construed against either party as drafter. 9. Nothing herein is intended or believed to contravene applicable state law, regulation, or city ordinance. 10. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof, and it may not be amended except by the mutual written agreement of the parties. This Agreement shall continue in effect until terminated by the mutual written agreement of the parties or by Licensee's failure to have in force a liquor license or beer or wine permit with respect to the Licensed Premises. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. Time is of the essence. IN WITNESS WHEREOF, the parties have executed this Alcohol Licensing Settlement Agreement by their duly authorized representatives. [Signatures on following page] 2 CITY OF WATERLOO, IOWA By:// nest G. lark, Mayor ' - Attes:, Suzy*4ares, City Clerk c'),‘ • ON; '...Dated:• Dated: af):-_-," - HIH, LLC, d/b/a City Liquor & Tobacco B • Approved b Iowa ' lcoholii. - /41 / ifirjrp. ..,_..A.... ........., Title: Itz By: verages Division on y I , 2012.