Tobacco Compliance Civil Penalty_Walgreens #11942 Copyrighted
March 19, 2018
City of Dubuque Consent Items # 27.
ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License
Holder—Walgreens #11942
SUMMARY: City Manager recommending approval of the
AcknowledgemenUSettlement Agreement for a tobacco
compliance violation for Walgreens #11942, 345 E. 20th
Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Walgreens#11942 Tobacco Compliance 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, Walgreens #11942
DATE: March 8, 2018
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Walgreens#11942, 345 East 20�h Street.
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 Dalsing, Chief of Police
"IHE CITY OF
DUB E MEMORANDUM
Masterpiece on tl2e Mississippi
March 6, 2018
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Walgreens #11942
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Walgreens #11942.
BACKGROUND
Walgreens #11942 has a tobacco license for its establishment at 345 East 20t" Street in
the City of Dubuque. On January 17, 2018, the Dubuque Police Department did a
tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Walgreens #11942 has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Walgreens #11942 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
2018/02/20 09:01:14 6 /9
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance —1st Violation
RE: Walgreens #11942
345 East 20th Street
Dubuque, IA 52001
Walgreen Co
PO Box 901
Deerfield, IL 60015
1, pNgc,aki MAS (5 , on behalf of Walgreens #11942, hereby knowingly
and voluntarily acknowledge that:
a) Walgreens #11942 received the notice regarding the above referenced
case.
b) Walgreens #11942 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Walgreens #11942 waives a hearing and submits to the statutory
penalties prescribed by law.
d) Walgreens #11942 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 §805.80.
Walgreens #11942 has a tobacco permit for 345 East 20th Street. Violation of the
tobacco permit occurred as follows:
Violation Date
January 17, 2018
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Walgreens #11942 is subject a three
hundred dollar ($300.00) fine. in accordance with Iowa Code §805.80, Walgreens
311942 accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Walgreens #11942
Signature"'
letnblate-/Mc. ei
Name Please Print
Signature
Name -- Please Print
Date Date
2018/02/20 09:01:14 7 /9
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 Walgreens #11942 to the
City of Dubuque — Police Department.
PASSED AND APPROVED this iay ofi ,, , 20/
tif
Roy D. Buol,4 ayor
Attest:
Kevi r Fimstahl, City Clerk
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