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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 � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 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. �"1.� 1� i�,� Mic ael C. Van Milligen��—� MCVM:jh 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