Tobacco Compliance Civil Penalty for Oky Doky #8 Hill Street Copyrighted
April 15, 2019
City of Dubuque Consent Items # 29.
ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License
Holder— Oky Doky#8
SUMMARY: City Manager recommending approval of the
AcknowledgemenUSettlement Agreement for a tobacco
compliance violation for Oky Doky#8, 535 Hill Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
Oky Doky#8 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: Oky Doky #8 Tobacco Compliance Settlement Agreement
DATE: April 5, 2019
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Oky Doky #8, 535 Hill 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, Oky Doky #8
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Oky Doky #8.
BACKGROUND
Oky Doky #8 has a tobacco license for its establishment at 535 Hill Street in the City of
Dubuque. On March 21, 2017 and December 7, 2018, the Dubuque Police Department
did a tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Oky Doky #8 has elected to forego a public hearing and will instead submit to statutory
penalties prescribed by law. Oky Doky #8 has agreed to a $1 ,500 fine for a second
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 — 2nd Violation
RE: Oky Doky #8
535 Hill Street
Dubuque, IA 52001
Hill Street Plaza, Inc.
535 Hill Street
Dubuque, IA 52001
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voluntarily acknowledge that:
, on behalf of Oky Doky #8, hereby knowingly and
a) Oky Doky #8 received the notice regarding the above referenced case.
b) Oky Doky #8 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Oky Doky #8 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Oky Doky #8 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 §805.80.
Oky Doky #8 has a tobacco permit for 535 Hill Street. Violation of the tobacco permit
occurred as follows:
Violation Date
March 21, 2017
December 7, 2018
Violation Type
Tobacco Violation
Tobacco Violation
Violation Number
1st Violation
2nd Violation
Under the foregoing Iowa Code provisions, Oky Doky #8 is subject to the following:
1) A one thousand five hundred dollar ($1,500) fine
OR
2) A thirty (30) day suspension of the tobacco permit.
In accordance with Iowa Code §805.8C, Oky Doky #8 chooses one of the following
penalties:
One thousand five hundred dollar ($1,500) fine
❑ Thirty (30) day tobacco permit suspension
Signature
'Com..
Name — Please Print Name — Please Print
3/ tC)
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 Oky Doky #8 to the City of
Dubuque — Police Department.
PASSED AND APPROVED this day of
Attest:
fAtiegiX
Kevi irnstahl, City Clerk
Roy D. Buol,/layor