Tobacco Compliance - Civil Penalty for Tobacco License Holder_The Konnexion Copyright 2014
City of Dubuque Consent Items # 20.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License Holder— The
Konnexion Dubuque
SUMMARY: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance
violation for The Konnexion, 1099 University Ave.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Konnexion Dubuque 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, The Konnexion Dubuque
DATE: September 14, 2015
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with The Konnexion Dubuque, 1099 University Avenue.
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
September 14, 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, The Konnexion Dubuque
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and The Konnexion Dubuque.
BACKGROUND
The Konnexion Dubuque has a tobacco license for its establishment at 1099 University
Avenue in the City of Dubuque. On July 28, 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.
The Konnexion Dubuque has elected to forego a public hearing and will instead submit
to statutory penalties prescribed by law. The Konnexion Dubuque 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: The Konnexion Dubuque
1099 University Avenue
Dubuque, IA 52001
KNX, LLC
1726 12th Avenue
Coralville, IA 52241
I, Ve , on behalf of The Konnexion Dubuque, hereby
knowingly Jid voluntarily acknowledge that:
a) The Konnexion Dubuque received the notice regarding the above
referenced case.
b) The Konnexion Dubuque admits that the facts and allegations contained in
the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) The Konnexion Dubuque waives a hearing and submits to the statutory
penalties prescribed by law.
d) The Konnexion Dubuque 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.
The Konnexion Dubuque has a tobacco permit for 1099 University Avenue. Violation of
the tobacco permit occurred as follows:
Violation Date
July 28, 2015
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, The Konnexion Dubuque is subject a three
hundred dollar ($300.00) fine. In accordance with. Iowa Code §805.8C, The Konnexion
Dubuque accepts the following penalty:
Three hundred dollar ($300.00) fine.
The Konnexion Dubuque
41
Signature Signature
Silitatr
Name - PleasPrint 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 The Konnexion Dubuque to
the City of Dubuque — Police Department.
PASSED AND APPROVED this 21stday of September
,2015
-R4oy—l•uo•Iyer
Lynn V.Sutton, Mayor Pro -Tem
Attest:
Kevi Firnstahl, City Cle k