Tobacco Compliance Civil Penalty for Sid's Beverage Store, Inc. Copyrighted
April 15, 2019
City of Dubuque Consent Items # 30.
ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License
Holder— Sid's Beverage Store, Inc.
SUMMARY: City Manager recommending approval of the
AcknowledgemenUSettlement Agreement for a tobacco
compliance violation for Sid's Beverage Store, I nc., 2727
Dodge Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
Sid's Be�rage Store Tobacco Compliance Settlement City Manager Memo
Agreement-MVM Memo
Agreement Copy Staff Memo
Staff Memo 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: Sid's Beverage Store Inc. Tobacco Compliance Settlement Agreement
DATE: April 5, 2019
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Sid's Beverage Store Inc., 2727 Dodge Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen �� �
MCVM:jh
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, Sid's Beverage Store Inc.
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Sid's Beverage Store Inc.
BACKGROUND
Sid's Beverage Store Inc. has a tobacco license for its establishment at 2727 Dodge
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.
Sid's Beverage Store Inc. has elected to forego a public hearing and will instead submit
to statutory penalties prescribed by law. Sid's Beverage Store Inc. 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: Sid's Beverage Store Inc.
2727 Dodge Street
Dubuque, IA 52003
Ross Miller
2727 Dodge Street
Dubuque, IA 52003
1, z�-'on behalf of Sid's Beverage Store Inc., hereby
knowingly and voluntarily acknowledge that:
a) Sid's Beverage Store Inc. received the notice regarding the above
referenced case.
b) Sid's Beverage Store Inc. admits that the facts and allegations contained
in the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Sid's Beverage Store Inc. waives a hearing and submits to the statutory
penalties prescribed by law.
d) Sid's Beverage Store Inc. 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.
Sid's Beverage Store Inc. has a tobacco permit for 2727 Dodge 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, Sid's Beverage Store Inc. is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Sid's Beverage
Store Inc. accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Sid's Beverage Store Inc.
Signature
/ 0.5 5. , // 47—
Signature
>ASS •-/"7:,,,;1•4" ;`°
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 lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Sid's Beverage Store Inc. to
the City of Dubuque — Police Department.
PASSED AND APPROVED this
Attest:
Kevi irnstahl, City Clerk
day of
Roy D. Buol,.yor