Tobacco Compliance Civil Penalty for BP Station Copyrighted
April 3, 2017
City of Dubuque Consent Items # 23.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License
Holder- BP Station
SUMMARY: City Manager recommending approval of the
Acknowledge ment/Settlement Agreement for a tobacco
compliance violation for BP Station, 1450 Loras Blvd.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
BP Tobaco Compliance Agreement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tobacco Compliance Settlement Agreement - BP
DATE: March 22, 2017
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with BP, 1450 Loras Boulevard.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, 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
February 24, 2017
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, BP
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and BP.
BACKGROUND
BP has a tobacco license for its establishment at 1450 Loras Boulevard in the City of
Dubuque. On December 2, 2016, the Dubuque Police Department did a tobacco
compliance check and an employee sold tobacco to underage youth compliance
monitors.
BP has elected to forego a public hearing and will instead submit to statutory penalties
prescribed by law. BP 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: BP
1450 Loras Blvd.
Dubuque, IA 52001
Sahota 2 Inc
1450 Loras Blvd
Dubuque, IA 52001
I, `-3I(1 'I (a . , on behalf of BP, hereby knowingly and voluntarily
acknowledge that:
a) BP received the notice regarding the above referenced case.
b) BP admits that the facts and allegations contained in the Complaint, which
is attached hereto and incorporated herein by reference, are true and correct.
c) BP waives a hearing and submits to the statutory penalties prescribed by
law.
d) BP 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.
BP has a tobacco permit for 1450 Loras Blvd. Violation of the tobacco permit occurred
as follows:
Violation Date
December 2, 2016
Violation Type Violation Number
Tobacco Violation 1St Violation
Under the foregoing Iowa Code provisions, BP is subject a three hundred dollar
($300.00) fine. In accordance with Iowa Code §805.8C, BP accepts the following
penalty:
• Three hundred dollar ($300.00) fine.
BP
Signature
71r)Pic'J
Name — Please Print
Date
CA -(1W
Signature
Name — Please Print
Date
NOTE: This must be signed by an individual tobacco permittee, or in the case of another business entity,
by individuals) 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 BP to the City of Dubuque —
Police Department.
PASSED AND APPROVED
Attest:
Kevin Fi nstahl, City Clerk
day of ,2O
Roy D Bu Mayor