Tobacco Compliance Civil Penalty_BP Fuel, Loras Blvd. Copyrighted
May 7, 2018
City of Dubuque Consent Items # 29.
ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License
Holder— BP Fuel
SUMMARY: City Manager recommending approval of the
AcknowledgemenUSettlement Agreement for a tobacco
compliance violation for BP Fuel, 1450 Loras Blvd.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
BP Fuel Tobacco Compliance Settlement-NNM Memo City Manager 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, BP Fuel
DATE: April 30, 2018
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with BP Fuel, 1450 Loras Boulevard.
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 M. Dalsing, Chief of Police
"IHE CITY OF
DUB E MEMORANDUM
Masterpiece on tl2e Mississippi
April 18, 2018
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, BP Fuel
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and BP Fuel.
BACKGROUND
BP Fuel has a tobacco license for its establishment 1450 Loras Blvd. in the City of
Dubuque. On December 2, 2016 and January 17, 2018, the Dubuque Police
Department did a tobacco compliance check and an employee sold tobacco to
underage youth compliance monitors.
BP Fuel has elected to forego a public hearing and will instead submit to statutory
penalties prescribed by law. BP Fuel has agreed to a one thousand five hundred dollar
($1 ,500) fine for a second violation and has submitted their signed agreement 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 — 2nd Violation
RE: BP Fuel
1450 Loras Blvd.
Dubuque, IA 52001
Sahota2MC
1450 Loras Blvd.
Dubuque, IA 52001
1, .....:71105-(DI,1J-7,--1r on behalf of BP Fuel, hereby knowingly and
voluntarily acknowledge that:
a) BP Fuel received the notice regarding the above referenced case.
b) BP Fuel admits that the facts and allegations contained in the Complaint,
which is attached hereto and incorporated herein by reference, are true and
correct.
c) BP Fuel waives a hearing and submits to the statutory penalties
prescribed by law.
d) BP Fuel understands that this violation will count as an official "Second
Violation — Tobacco Compliance" of City of Dubuque Code of Ordinances
Section 7-5A-15, pursuant to Iowa Code §805.8C.
BP Fuel has a tobacco permit for 1450 Loras Blvd. Violation of the tobacco permit
occurred as follows:
Violation Date
December 2, 2016
January 17, 2018
Violation Type
Tobacco Violation
Tobacco Violation
Violation Number
15t Violation
2nd Violation
Under the foregoing Iowa Code provisions, BP Fuel is subject to the following:
1) A one thousand five hundred dollar (
OF?
1,500) fine
2) A thirty (30) day suspension of the tobacco permit.
In accordance with Iowa Code §805.8C, BP Fuel chooses one of the following
penalties:
One thousand five hundred dollar ($1,500) fine
Thirty (30) day tobacco permit suspension
BP Fuel
Signature Signature
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Name — Please Print
63 /?c
Date
Name — Please Print
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 lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by BP Fuel to the City of
Dubuque — Police Department.
PASSED AND APPROVED this
Attest:
Ken Firnstahl, City C erk
day of
,
Roy D. Bu, Mayor