Tobacco Compliance — Civil Penalty for Tobacco License Holder — Family Mart Copyright 2014
City of Dubuque Consent Items # 21.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License Holder— Family
Mart
SUMMARY: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance
violation for Family Mart, 3201 Central Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Family Mart Tobacco Compliance Agreement-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 Mart
DATE: August 6, 2015
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Family Mart, 3201 Central Avenue.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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
August 3, 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Family Mart
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Family Mart.
BACKGROUND
Family Mart has a tobacco license for its establishment 3201 Central Avenue in the City
of Dubuque. On June 12, 2015 the Dubuque Police Department did a tobacco
compliance check and an employee sold tobacco to underage youth compliance
monitors.
Family Mart has elected to forego a public hearing and will instead submit to statutory
penalties prescribed by law. Family Mart 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: Family Mart
3201 Central Avenue
Dubuque, IA 52001
Family Mart, Inc.
3201 Central Avenue
Dubuque, IA 52001
I, Pj p (, .) A 11 11,A L -MOUS , on behalf of Family Mart, hereby knowingly and
voluntarily acknowledge that:
a) Family Mart received the notice regarding the above referenced case.
b) Family Mart admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Family Mart waives a hearing and submits to the statutory penalties
prescribed by law.
d) Family Mart 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.
Family Mart has a tobacco permit for 3201 Central Avenue. Violation of the tobacco
permit occurred as follows:
Violation Date
June 12, 2015
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Family Mart is subject a three hundred dollar
($300.00) fine. In accordance with Iowa Code §805.8C, Family Mart accepts the
following penalty:
• Three hundred dollar ($300.00) fine.
Family Mart
Jt.:v`I a.±(±4/,0i,1�1
Signature Signature
\Je,A1`11'1 Ak,--i1auS
Name — Please Print Name — Please Print
Date / 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 Mart to the City of
Dubuque— Police Department.
PASSED AND APPROVED this// day of
Attest:
KeLin irnstahl(City lerk
Roy D. Buol,, ayor