Tobacco Compliance Civil Penalty_Iowa Street Market Copyrighted
March 19, 2018
City of Dubuque Consent Items # 21.
ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License
Holder— lowa Street Market
SUMMARY: City Manager recommending approval of the
AcknowledgemenUSettlement Agreement for a tobacco
compliance violation for lowa Street Market, 1256 lowa
Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
lowa Street Market Tobacco Compliance Settlement City Manager Memo
Agreement-NNM Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement, lowa Street Market
DATE: March 8, 2018
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with lowa Street Market, 1256 lowa Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen��—�
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Mark Dalsing, Chief of Police
"IHE CITY OF
DUB E MEMORANDUM
Masterpiece on tl2e Mississippi
March 6, 2018
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, lowa Street Market
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and lowa Street Market.
BACKGROUND
lowa Street Market has a tobacco license for its establishment at 1256 lowa Street in
the City of Dubuque. On January 3, 2018, the Dubuque Police Department did a
tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
lowa Street Market has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. lowa Street Market has agreed to a $300 fine for
a first violation and has submitted payment to the Police Department.
CONCLUSION & RECOMMENDATION
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
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — 1st Violation
RE: Iowa Street Market
1256 Iowa Street
Dubuque, IA 52001
Iowa Street Market Inc.
1256 Iowa Street
Dubuque, IA 52001
1, S r A- , on behalf of Iowa Street Market, hereby knowingly
and voluntarily acknowledge that:
a) Iowa Street Market received the notice regarding the above referenced
case.
b) Iowa Street Market admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Iowa Street Market waives a hearing and submits to the statutory
penalties prescribed by law.
d) Iowa Street Market understands that this violation will count as an official
"First Violation — Tobacco Compliance" of City of Dubuque Code of Ordinances
Section 7-5A-15, pursuant to Iowa Code §805.8C.
Iowa Street Market has a tobacco permit for 1256 Iowa Street. Violation of the tobacco
permit occurred as follows:
Violation Date
January 3, 2018
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Iowa Street Market is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Iowa Street
Market accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Iowa Street Market
Signature
Name — Please Print Name — Please Print
Date
Date
NOTE: This must be signed by an individual tobacco permittee, or in the case of another business entity,
by individual(s) who have authority to bind the entity.
THEREFORE, in Iieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Iowa Street Market to the
City of Dubuque — Police Department.
PASSED AND APPROVED this /ayof
Attest:
Kevi irnstah, City Clerk