Tobacco Compliance — Civil Penalty for Tobacco License Holder — Ron's Discount Smokes Copyright 2014
City of Dubuque Consent Items # 22.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License Holder— Ron's
Discount Smokes & Beverage Center#1
SUMMARY: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance
violation for Ron's Discount Smokes & Beverage Center#1 , 3300 Asbury
Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Ron's Discount Smokes 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 — Ron's Discount Smokes & Beverage Center#1
DATE: August 6, 2015
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Ron's Discount Smokes & Beverage Center#1, 3300
Asbury 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 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, Ron's Discount Smokes & Beverage Center#1
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Ron's Discount Smokes & Beverage Center#1 .
BACKGROUND
Ron's Discount Smokes & Beverage Center#1 has a tobacco license for its
establishment 3300 Asbury Road in the City of Dubuque. On June 8, 2015 the Dubuque
Police Department did a tobacco compliance check and an employee sold tobacco to
underage youth compliance monitors.
Ron's Discount Smokes & Beverage Center#1 has elected to forego a public hearing
and will instead submit to statutory penalties prescribed by law. Ron's Discount Smokes
& Beverage Center #1 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
ACKN
*
WLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — 1st Vi lation
RE: R on's Discount Smok
Cntr. #1
3300 Asbury Road
Dubuque, I k 52002
s & Bev.
•
•
RKM LLC
6141 Forest Hills Drive
Dubuque, LA 52002
g -t4 osdi , on behalf of Ron's Discount Smokes & Bev. Cntr. #1,
hereby knowinigly and voluntarily acknowledge that:
a) Ron's Discount Smokes & Bev. Cntr. #1 received the notice regarding the
above referenced case.
b) Ron's Discount Smokes & Bev. Cntr. #1 admits that the facts and
allegations contained in the Complaint, which is attached hereto and
incorporated herein by reference, are true and correct.
c) Ron's Discount Smokes & Bev. Cntr. #1 waives a hearing and submits to
the statutory penalties prescribed by law.
d) Ron's Discount Smokes & Bev. Cntr. #1 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.
Ron's Discount Smokes & Bev. Cntr. #1 has a tobacco permit for 3300 Asbury Road.
Violation of the tobacco permit occurred as follows:
Violation Date
June 8, 2015
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Ron's Discount Smokes & Bev. Cntr, #1 is
subject a three hundred dollar ($300.00) fine. in accordance with Iowa Code §805.8C,
Ron's Discount Smokes & Bev. Cntr. #1 accepts the following penalty:
Ron's
Three hundred dollar ($300.00) fine.
iscount S
I 11
k
ev. Cntr. #1
Signature
%Zed
1/fr cOsg
1
Name — Please Print
Signature
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 Ron's Discount Smokes &
Bev. Cntr. #1 to the City of Dubuque — Police Department.
PASSED
Attest:
N
ID
APPR
VED this/
Kevt, irnstahl, ity Clerk
day of
Roy D. !dud,Mayor