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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 � 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, 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. �"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 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 d'