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Settlement Agreement, Beecher Store, Inc.
Copyrighted June 20, 2023 City of Dubuque Consent Items # 019. City Council Meeting ITEM TITLE: Settlement Agreement, Beecher Store, Inc. SUMMARY: City Manager recommending City Council approval of a Tobacco Compliance Settlement Agreement with Beecher Store, Inc, 1691 Asbury Road. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Beecher Store Settlement Agreeement Staff Memo THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement, Beecher Store, Inc. DATE: June 13, 2023 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Chief of Police Jeremy Jensen is recommending City Council approval of a Tobacco Compliance Settlement Agreement with Beecher Store, Inc, 1691 Asbury Road. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jeremy Jensen, Chief of Police DU THE CtU�B� Police Department Dubuque Law Enforcement Center AIA All -America City D 770 Iowa Street P.O. Box 875 ' 1 Dubuque,lA 52004-0875 I I Masterpiece on the Mississippi Office (563) 589-4410 Fax (563) 589-4497 zom • 2012.2013 TTY (563) 583-1711 E-mail: police@cityofdubuque.org www.cityofdubuque.org June 5, 2023 To: Michael C Van Milligan City Manager Fr: Jeremy Jensen Chief of Police Re: Settlement Agreement, Beecher Store, Inc. INTRODUCTION This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Beecher Store, Inc. BACKGROUND Beecher Store, Inc. has a tobacco license for its establishment at 1691 Asbury Road in the city of Dubuque. On April 28, 2023, the Dubuque Police Department did a tobacco compliance check and an employee sold nicotine -based chewing tobacco product, which is governed under Iowa's tobacco laws, to underage youth compliance monitors. Beecher Store, Inc. has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. Beecher Store, Inc. had 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 Cavanagh signature of the attached Acknowledgment/Settlement Agreement. cc: Crenna Brumwell ACKNOWLEDGMENT/SETTLEMENT AGREEMENT Tobacco Compliance —1st Violation RE: Beecher Liquor 1691 Asbury Road Dubuque, IA 52001 Beecher Store Inc. 1691 Asbury Road Dubuque, IA 52001 on behalf of Beecher Liquor, hereby knowingly and voluntarily acknowledge that: a) Beecher Liquor received the notice regarding the above referenced case. b) Beecher Liquor admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Beecher Liquor waives a hearing and submits to the statutory penalties prescribed by law. d) Beecher Liquor 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. Beecher Liquor has a tobacco permit for 1691 Asbury Road. Violation of the tobacco permit occurred as follows: Violation Date Violation Type Violation Number April 28, 2023 Tobacco Violation 1st Violation Under the foregoing Iowa Code provisions, Beecher Liquor is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Beecher Liquor accepts the following penalty: • Three hundred dollar ($300.00) fine. Beecher Liauor Signature 66'-02— 2-©23 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 Beecher Liquor to the City of Dubuque — Police Department. PASSED AND APPROVED this U day of TLtrle 2003 Brad agh, Mayor Attest: Adrienne Breitfelder, City Clerk