Tobacco Compliance Civil Penalty for Eagle Country Market Copyrighted
April 15, 2019
City of Dubuque Consent Items # 24.
ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License
Holder— Eagle Country Market
SUMMARY: City Manager recommending approval of the
AcknowledgemenUSettlement Agreement for a tobacco
compliance violation for Eagle County Market, 1800 Elm
Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
Eagle Country Market Tobacco Compliance Settlement City Manager Memo
Agreement-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: Eagle Country Market Tobacco Compliance Settlement Agreement
DATE: April 5, 2019
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Eagle Country Market, 1800 Elm 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 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, Eagle Country Market
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Eagle Country Market
BACKGROUND
Eagle Country Market has a tobacco license for its establishment at 1800 Elm Street in
the City of Dubuque. On December 28, 2018, the Dubuque Police Department did a
tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Eagle Country Market has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Eagle Country 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: Eagle Country Market
1800 Elm Street
Dubuque, IA 52001
Downtown Eagle Inc.
1800 Elm Street
Dubuque, IA 52001
I, (. -k , on behalf of Eagle Country Market, hereby knowingly
and voluntarily acknowledge that:
a) Eagle Country Market received the notice regarding the above referenced
case.
b) Eagle Country 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) Eagle Country Market waives a hearing and submits to the statutory
penalties prescribed by law.
d) Eagle Country 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.
Eagle Country Market has a tobacco permit for 1800 Elm Street. Violation of the
tobacco permit occurred as follows:
Violation Date
December 28, 2018
Violation Type Violation Number
Tobacco Violation 1St Violation
Under the foregoing Iowa Code provisions, Eagle Country Market is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Eagle Country
Market accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Eagle Country Market
Sigpature Signature
Name — Please Print
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 Eagle Country Market to the
City of Dubuque — Police Department.
PASSED AND APPROVED this d y of -1 , 204f.
Roy D. Buol,ayor
Attest:
Kevin irnstahl, ity Clerk