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Tobacco Compliance Civil Penalty_Friendly Locust Mart Copyrighted May 15, 2017 City of Dubuque Consent Items # 26. ITEM TITLE: Tobacco Compliance Civil Penalty for Tobacco License Holder— Friendly Locust Mart SUMMARY: City Manager recommending approval of the Acknowledge ment/Settlement Agreement for a tobacco compliance violation for Friendly Locust Mart, 408 West Locust Street. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Friendly Locust Mart Tobacco Compliance Agreement- City Manager Memo MVM 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 Friendly Locust Mart DATE: May 4, 2017 Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance Settlement Agreement with Friendly Locust Mart, 408 West Locust Street. I concur with the recommendation and respectfully request Mayor and City Council approval. Zia/ 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 May 5, 2017 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement, Friendly Locust Mart INTRODUCTION This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Friendly Locust Mart. BACKGROUND Friendly Locust Mart has a tobacco license for its establishment at 408 West Locust Street in the City of Dubuque. On January 10, 2017, the Dubuque Police Department did a tobacco compliance check and an employee sold tobacco to underage youth compliance monitors. Friendly Locust Mart has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. Friendly Locust 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: Friendly Locust Mart 408 West Locust Street Dubuque, IA 52001 AWN Stop Mart Inc #3 408 West Locust Street Dubuque, IA 52001 I, (.;1) CLA -7)i - , on behalf of Friendly Locust Mart, hereby knowingly and voluntarily acknowledge that: a) Friendly Locust Mart received the notice regarding the above referenced case. b) Friendly Locust 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) Friendly Locust Mart waives a hearing and submits to the statutory penalties prescribed by law. d) Friendly Locust 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. Friendly Locust Mart has a tobacco permit for 408 West Locust Street. Violation of the tobacco permit occurred as follows: Violation Date January 10, 2017 Violation Type Violation Number Tobacco Violation 1St Violation Under the foregoing Iowa Code provisions, Friendly Locust Mart is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Friendly Locust Mart accepts the following penalty: • Three hundred dollar ($300.00) fine. Friendly Locust Mart / Signature 4� s. ,+-F,17.6- Name — Please Print /2o/'7 Da e Signature Name — Please Print 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 Friendly Locust Mart to the City of Dubuque — Police Department. PASSED AND APPROVED this Ri day of , 20/. Attest: L -ti Roy D. Buol,,"ayor