Tobacco Compliance Civil Penalty_Fareway Stores #114 Copyrighted
March 5, 2018
City of Dubuque Consent Items # 16.
ITEM TITLE: Alcohol Compliance Civil PenaltyforAlcohol License
Holder— Fareway Stores #114
SUMMARY: City Manager recommending approval of the
AcknowledgmenUSettlement Agreement for an alcohol
compliance violation for Fareway Stores #114, 2050 John
F. Kennedy Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Fareway Tobacco Compliance Settlement Agreement- City Manager Memo
NNM 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, Fareway Stores #114
DATE: February 26, 2018
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Fareway Stores #114, 2050 John F. Kennedy Road.
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 26, 2018
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Fareway Stores #114
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Fareway Stores #114.
BACKGROUND
Fareway Stores #114 has a tobacco license for its establishment at 2050 John F
Kennedy Road in the City of Dubuque. On January 26, 2018, the Dubuque Police
Department did a tobacco compliance check and an employee sold tobacco to
underage youth compliance monitors.
Fareway Stores #114 has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Fareway Stores #114 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
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — 1st Violation
RE: Fareway Stores #114
2050 John F. Kennedy Rd.
Dubuque, IA 52002
• Fareway Stores Inc.
• IPO Box 70
Boone, IA 50036
/r�&der{fCA ,. , on behalf of Fareway Stores #114, hereby knowingly
and voluntarily acknowledge that:
a) Fareway Stores #114 received the notice regarding the above referenced
case.
b) Fareway Stores #114 admits that the facts and allegations contained in
the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Fareway Stores #114 waives a hearing and submits to the statutory
penalties prescribed by law.
d) Fareway Stores #114 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.
Fareway Stores #114 has a tobacco permit for 2050 John F. Kennedy Road. Violation
of the tobacco permit occurred as follows:
Violation Date Violation Type Violation Number
January 26, 2018 Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Fareway Stores #114 is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Fareway Stores
#114 accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Fareway Stores #114
Signature
Raelare- 63/121C-1-7416
Name - Please Print
6,2 ts --/t
Signature
Name - Please Print
Date 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 Fareway Stores #114 to the
City of Dubuque — Police Department.
PASSED AND APPROVED this- day of giitih , 20%
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Attest:
Kev'-'Firnstahl, ity Clerk