Tobacco Compliance Civil Penalty for Altered State Copyrighted
April 15, 2019
City of Dubuque Consent Items # 22.
ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License
Holder—Altered State
SUMMARY: City Manager recommending approval of the
AcknowledgemenUSettlement Agreement for a tobacco
compliance violation for the Altered State, 1523 Central
Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
The Altered State Tobacco Compliance Agreement- City Manager Memo
MVM 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: The Altered State Tobacco Compliance Settlement Agreement
DATE: April 5, 2019
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with The Altered State, 1523 Central Avenue.
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
March 29, 2019
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, The Altered State
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and The Altered State
BACKGROUND
The Altered State has a tobacco license for its establishment at 1523 Central Avenue in
the City of Dubuque. On January 11 , 2019, the Dubuque Police Department did a
tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
The Altered State has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. The Altered State 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: The Altered State
1523 Central Avenue
Dubuque, IA 52001
The Altered State LLC
626 Levi Street
Dubuque, IA 52003
1, daysort Skr'a art , on behalf of The Altered State, hereby knowingly and
voluntrily acknowledge that:
a) The Altered State received the notice regarding the above referenced
case.
b) The Altered State admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) The Altered State waives a hearing and submits to the statutory penalties
prescribed by law.
d) The Altered State 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.
The Altered State has a tobacco permit for 1533 Central Avenue. Violation of the
tobacco permit occurred as follows:
Violation Date
January 11, 2019
Violation Type Violation Number
Tobacco Violation 1St Violation
Under the foregoing Iowa Code provisions, The Altered State is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, The Altered State accepts
the following penalty:
• Three hundred dollar ($300.00) fine.
The Altered State
Jycr N.ra+I-a\
Name — Please Print
0212,6/19
Signature
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 lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by The Altered State to the City
of Dubuque — Police Department.
PASSED AND APPROVED thisday of
Attest:
Kevin f'irnstahl, City Clerk