Tobacco Compliance Civil Penalty_Mooddog Music Copyrighted
March 5, 2018
City of Dubuque Consent Items # 15.
ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License
Holder— Moondog Music
SUMMARY: City Manager recommending approval of the
AcknowledgemenUSettlement Agreement for a tobacco
compliance violation for Moondog Music, 806 Wacker Drive
#120.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Moondog Music Tobacco Compliance Agreement-NNM City Manager Memo
Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement, Moondog Music
DATE: February 26, 2018
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Moondog Music, 806 Wacker Drive #120.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen��—�
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Mark M. Dalsing, Chief of Police
"IHE CITY OF
DUB E MEMORANDUM
Masterpiece on tl2e Mississippi
February 22, 2018
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Moondog Music
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Moondog Music.
BACKGROUND
Moondog Music has a tobacco license for its establishment 806 Wacker Drive #120 in
the City of Dubuque. On April 22, 2016 and January 26, 2018, the Dubuque Police
Department did a tobacco compliance check and an employee sold tobacco to
underage youth compliance monitors.
Moondog Music has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Moondog Music has agreed to a one thousand
five hundred dollar ($1 ,500) fine for a second violation and has submitted their signed
agreement 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
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — 2nd Violation
RE: Moondog Music
806 Wacker Drive #120
Dubuque, IA 52002
Dubuque Shop Inc.
818026 Lewis Ln.
Gays Mills, WI 54631
1, behalf of Moondog Music, hereby knowingly and
voluntarily acknowledge that:
a) Moondog Music received the notice regarding the above referenced case.
b) Moondog Music admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Moondog Music waives a hearing and submits to the statutory penalties
prescribed by law.
d) Moondog Music understands that this violation will count as an official
"Second Violation — Tobacco Compliance" of City of Dubuque Code of
Ordinances Section 7-5A-15, pursuant to Iowa Code §805.8C.
Moondog Music has a tobacco permit for 806 Wacker Drive #120. Violation of the
tobacco permit occurred as follows:
Violation Date
April 22, 2016
January 26, 2018
Violation Type
Tobacco Violation
Tobacco Violation
Violation Number
1st Violation
2nd Violation
Under the foregoing Iowa Code provisions, Moondog Music is subject to the following:
1) A one thousand five hundred dollar ($1,500) fine
OR
2) A thirty (30) day suspension of the tobacco permit.
In accordance with Iowa Code §805.8C, Moondog Music chooses one of the following
penalties:
One thousand five hundred dollar ($1,500) fine
a Thirty (30) day tobacco permit suspension
Moondoq Music
Signature
ame — Please Print
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 Moondog Music to the City
of Dubuque — Police Department.
PASSED AND APPROVED thin%' day of
Attest:
Kevi Firnstahl, ity Clerk
, 20/ .
Roy D. Buol,+'ayor