Tobacco Compliance Civil Penalty for Hartig Drug #2 Copyrighted
May 20, 2019
City of Dubuque Consent Items # 26.
ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License
Holder— Hartig Drug
SUMMARY: City Manager recommending approval of the
AcknowledgemenUSettlement Agreement for a tobacco
compliance violation for Hartig Drug #2, 157 Locust Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
Hartig#2 Tobacco Compliance SettlementAgreement- 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: Hartig Drug #2 Tobacco Compliance Settlement Agreement
DATE: May 13, 2019
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Hartig Drug #2, 157 Locust 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
May 6, 2019
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Hartig Drug #2
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Hartig Drug #2
BACKGROUND
Hartig Drug #2 has a tobacco license for its establishment at 157 Locust 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.
Hartig Drug #2 has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Hartig Drug #2 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: Hartig Drug #2
157 Locust Street
Dubuque, IA 52001
Hartig Drug Company Corp.
703 Main Street
Dubuque, IA 52001
I, , on behalf of Hartig Drug #2, hereby knowingly and
voluntarily acknowledge that:
a) Hartig Drug #2 received the notice regarding the above referenced case.
b) Hartig Drug #2 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Hartig Drug #2 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Hartig Drug #2 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.
Hartig Drug #2 has a tobacco permit for 157 Locust 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, Hartig Drug #2 is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Hartig Drug #2 accepts
the following penalty:
• Three hundred dollar ($300.00) fine.
Hartig Drug #2
r
Name — Please Print
Date
Signature
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 Hartig Drug #2 to the City of
Dubuque — Police Department.
s
PASSED AND APPROVED thiday of
Attest:
Kevi, Firnstahl, City Clerk
0
Roy D. Buol, Ma/r