Tobacco Compliance - Civil Penalty for Tobacco License Holder - Spencer Gifts Copyright 2014
City of Dubuque Consent Items # 21.
ITEM TITLE: Tobacco Compliance - Civil Penalty for Tobacco License Holder - Spencer
Gifts
SUMMARY: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance
violation for Spencer Gifts, 555 John F. Kennedy Unit 25.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Spencer Gifts Tobacco Compliance Agreement-MVM Memo Staff 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, Spencer Gifts
DATE: May 11, 2015
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Spencer Gifts, 555 John F. Kennedy Road.
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 Dalsing, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
April 28, 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Spencer Gifts
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Spencer Gifts.
BACKGROUND
Spencer Gifts has a tobacco license for its establishment at 555 John F. Kennedy Road
in the City of Dubuque. On January 30, 2015 the Dubuque Police Department did a
tobacco compliance check and an employee sold a nicotine based vapor product, which
are governed under Iowa's tobacco laws, to underage youth compliance monitors.
Spencer Gifts has elected to forego a public hearing and will instead submit to statutory
penalties prescribed by law. Spencer Gifts 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: Spencer Gifts
555 John F. Kennedy Unit 25
Dubuque, IA 52002
Spencer Gifts, LLC
• 6826 Black Horse Pike
• Egg Harbor TWP, NJ 08234
•
I, kkvr IQ . MA Oncal
voluntarily acknowledge that!
on behalf of Spencer Gifts, hereby knowingly and
a) Spencer Gifts received the notice regarding the above referenced case.
b) Spencer Gifts admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Spencer Gifts waives a hearing and submits to the statutory penalties
prescribed by law.
d) Spencer Gifts 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.
Spencer Gifts has a tobacco permit for 555 John F. Kennedy Unit 25. Violation of the
tobacco permit occurred as follows:
Violation Date
January 30, 2015
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Spencer Gifts is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Spencer Gifts accepts the
folle,w nrr navlty:
• Three hundred dollar ($300.00) fine.
Spencer Gifts
Signature
goVi N w Mk i.oNify
Name — Please Print
14l04 6 --
Date Date
NOTE: This must be signed by an individual tobacco permittee, or the case of ano her business entity,
by individual(s) who have authority to bind the entity.
Signatur
Name — Please P,
THEREFORE, in . lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Spencer Gifts to the City of
Dubuque — Police Department.
PASSED AND APPROVED thisl8th day of May
Attest:
Kevin(Firnstahl, City Cle
,2015 •
nn. V. Sutton, Mayor Pro Tem