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Tobacco Compliance Civil Penalty for Tobacco License Holder - Family Dollar Copyright 2014 City of Dubuque Consent Items # 29. ITEM TITLE: Tobacco Compliance Civil Penalty for Tobacco License Holder - Family Dollar SUMMARY: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Family Dollar#1599, 2013 Central Avenue #4. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Family Dollar Tobacco 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, Family Dollar#1599 DATE: March 23, 2015 Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance Settlement Agreement with Family Dollar#1599, 2013 Central Avenue #4. 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 March 17, 2015 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement, Family Dollar #1599 INTRODUCTION This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Family Dollar #1599. BACKGROUND Family Dollar #1599 has a tobacco license for its establishment at 2013 Central Avenue #4 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. Family Dollar #1599 has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. Family Dollar #1599 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/SETTLE #ENT AGREEMENT Tobacco Compliance m'est Violation RE: Family Dollar #1599 2013 Central Avenue #4 Dubuque, IA 52001 Family Dollar Stores of IA, Inc. P© Box 1017 Charlotte, NC 28204 1, (4 -Lo (-1.916 O , on behalf of Family Dolirar #1599, hereby knowingly and voluntarily acknowledge that a) Family Dollar case. b) Family Dollar Complaint, which is true and correct. 41599 received the notice regarding --the above referenced #1599 admits that the facts and allegations contained in the attached hereto and incorporated herein by reference, are c) Family Dollar #1599 waives a hearing and submits to penalties prescribed by law. d) Family Dollar #1599 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 lowa Code §805.8C. Family Dollar #1599 has a tobacco permit for 2013 Central Avenue#4. Violatio tobacco permit occurred as follows: Violation Date Violation Tyoe Violation Number January 20, 2015 Tobacco Violation 1St Violation Under the foregoing Iowa Code provisions, Family Dollar #1599 is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Family Dollar #1599 accepts the following penalty: e statu ry of the Three hundred dollar ($300.00) fine. Family Dollar #1599 Nk-fgaic g ature `tk (re_ Signature Name -- Please Print Mate 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 Family Dollar #1599 to the City of Dubuque -- Police Department. Attest: PASSED AND APPROVED this6th day o Aril 20 15 OLi Roy D. B Mayor Kevin Firnstahl, City Clerk Trish L. Gleason, Assistant City Clerk