Tobacco Compliance Civil Penalty_Oky Doky Foods #8 Copyrighted
May 15, 2017
City of Dubuque Consent Items # 32.
ITEM TITLE: Tobacco Compliance Civil Penalty for Tobacco License
Holder— Oky Doky#8 Foods
SUMMARY: City Manager recommending approval of the
Acknowledge ment/Settlement Agreement for a tobacco
compliance violation for Oky Doky#8 Foods, 535 Hill
Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Oky Doky#8 Tobacco Compliance Agreement-MVM City Manager Memo
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
Oky Doky #8 Foods
DATE: May 4, 2017
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Oky Doky #8 Foods, 535 Hill Street, Suite A.
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 1 , 2017
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Oky Doky #8 Foods
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Oky Doky #8 Foods.
BACKGROUND
Oky Doky #8 Foods has a tobacco license for its establishment at 535 Hill Street, Suite
A, in the City of Dubuque. On March 21 , 2017, the Dubuque Police Department did a
tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Oky Doky #8 Foods has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Oky Doky #8 Foods 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: Oky Doky #8 Foods
535 Hill Street, Suite A
Dubuque, IA 52001
Hill Street Plaza, Inc.
535 Hill Street, Suite A
Dubuque, IA 52001
1, ,jl,P,1(2,.4411) , on behalf of Oky Doky #8 Foods, hereby knowingly
and voluntarily acknowledge that:
a) Oky Doky #8 Foods received the notice regarding the above referenced
case.
b) Oky Doky #8 Foods admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Oky Doky #8 Foods waives a hearing and submits to the statutory
penalties prescribed by law.
d) Oky Doky #8 Foods 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.
Oky Doky #8 Foods has a tobacco permit for 535 Hill Street, Suite A. Violation of the
tobacco permit occurred as follows:
Violation Date
March 21, 2017
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Oky Doky #8 Foods is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Oky Doky #8
Foods accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Okv Dokv #8 Foods
ICA U;t b Q. ic` 0+1''
Name — Please Print J
—7
6
Date ` 1
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 Oky Doky #8 Foods to the
City of Dubuque — Police Department.
PASSED AND APPROVED this aday of R/ , 204v.
r
k
Attest:
Kev' Irnstahl,-clty Clerk
Roy D. Buol, NJyor