Tobacco Compliance Civil Penalty for Tobacco License Holder - Dave's DT Conoco Copyright 2014
City of Dubuque Consent Items # 28.
ITEM TITLE: Tobacco Compliance Civil Penalty for Tobacco License Holder - Dave's
Conoco
SUMMARY: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance
violation for Dave's Conoco, 500 Locust St.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Dave's Conoco Tobacco Compliance Settlement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Copy Staff Memo
THE CITY OF Dubuque
UBE I
erica .i
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, Dave's Downtown Conoco
DATE: March 23, 2015
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Dave's Downtown Conoco, 500 Locust Street.
I 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
March 20, 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Dave's Downtown Conoco
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Dave's Downtown Conoco.
BACKGROUND
Dave's Downtown Conoco has a tobacco license for its establishment at 500 Locust
Street in the City of Dubuque. On January 20, 2015 the Dubuque Police Department did
a tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Dave's Downtown Conoco has elected to forego a public hearing and will instead
submit to statutory penalties prescribed by law. Dave's Downtown Conoco 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: Dave's Downtown Conoco
500 Locust Street
Dubuque, IA 52001
Kelley Enterprises, Inc.
201 1/2 Muscatine Street
Dubuque, IA 52001
I, i � V€- , , on behalf of Dave's Downtown Conoco, hereby
knowingly and voluntarily' acknowledge that:
a) Dave's Downtown Conoco received the notice regarding the above
referenced case.
b) Dave's Downtown Conoco admits that the facts and allegations contained
in the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Dave's Downtown Conoco waives a hearing and submits to the statutory
penalties prescribed by law.
d) Dave's Downtown Conoco 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.
Dave's Downtown Conoco has a tobacco permit for 500 Locust Street. Violation of the
tobacco permit occurred as follows:
Violation Date
January 20, 2015
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Dave's Downtown Conoco is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Dave's
Downtown Conoco accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Dave's Downtown Conoco
Si
Name - Please Print
Signature
Name — Please Print
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 Dave's Downtown Conoco
to the City of Dubuque — Police Department.
PASSED AND APPROVED this 6t1day of April 2015
Attest:
Dt
Roy D. Buoayor
l�Pvin Firnstahl, City Clerk
Trish L. Gleason, Assistant City Clerk