Alcohol Compliance Violation_MoonDog Music Copyright 2014
City of Dubuque Consent Items # 18.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— MoonDog
Music
SUMMARY: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for MoonDog Music, 806
Wacker Drive.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ MoonDog Music Tobacco Compliance Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Copy Staff Memo
THE CITY OF Dubuque
UBE I
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Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement, MoonDog Music
DATE: January 26, 2015
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with MoonDog Music, 806 Wacker Drive #120.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
January 14, 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, MoonDog Music
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and MoonDog Music.
BACKGROUND
MoonDog Music has a tobacco license for its establishment at 806 Wacker Drive #120
in the City of Dubuque. On December 9, 2014 the Dubuque Police Department did a
tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
MoonDog Music has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. MoonDog Music 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
AcknowledgmentlSettlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — 1st Violation
RE: MoonDog Music
806 Wacker Drive #120
Dubuque, IA 52002
Dubuque Shop Inc.
18026 Lewis Lane
Gays Mills, WI 54631
I,/6) DOIp, ►4'6ri ehalf of MoonDog Music, hereby knowingly and
voluntarily c owledge that:
a) MoonDog Music received the notice regarding the above referenced case.
b) MoonDog Music admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) MoonDog Music waives a hearing and submits to the statutory penalties
prescribed by law.
d) MoonDog Music 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.
MoonDog Music has a tobacco permit for 806 Wacker Drive #120. Violation of the
tobacco permit occurred as follows:
Violation Date
December 9, 2014
Violation Type Violation Number
Tobacco Violation 1St Violation
Under the foregoing Iowa Code provisions, MoonDog Music is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, MoonDog Music accepts
the following penalty:
• Three hundred dollar ($300.00) fine.
MoonDoq Music
1 r" - ...
Signatur'r
720/1) . //)TT"i
Name Ple• se Print
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 MoonDog Music to the City
of Dubuque — Police Department.
PASSED AND APPROVED this 'day of , 20,% .
Roy D. ol, Mayor
Attest: