Tobacco Compliance Civil Penalty Beecher Liquor Copyrighted
May 6, 2019
City of Dubuque Consent Items # 32.
ITEM TITLE: Tobacco Compliance Civil PenaltyforAlcohol License
Holder— Beecher Liquor
SUMMARY: City Manager recommending approval of the
AcknowledgmenUSettlement Agreement for an tobacco
compliance violation for Beecher Liquor, 1691 Asbury
Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Beecher Liquor Tobacco Compliance Settlement City Manager Memo
Agreement-MVM 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: Beecher Liquor Tobacco Compliance Settlement Agreement
DATE: April 5, 2019
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Beecher Liquor, 1691 Asbury Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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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
April 19, 2019
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Beecher Liquor
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Beecher Liquor
BACKGROUND
Beecher Liquor has a tobacco license for its establishment at 1691 Asbury Road in the
City of Dubuque. On November 23, 2018, the Dubuque Police Department did a
tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Beecher Liquor has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Beecher Liquor 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: Beecher Liquor
1691 Asbury Road
Dubuque, IA 52001
• ISM LLC
1691 Asbury Road
• Dubuque, IA 52001
I,1‘s .,,\r'°''V-6, on behalf of Beecher Liquor, hereby knowingly and
voluntarily acknowledge that:
a) Beecher Liquor received the notice regarding the above referenced case.
b) Beecher Liquor admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Beecher Liquor waives a hearing and submits to the statutory penalties
prescribed by law.
d) Beecher Liquor 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.
Beecher Liquor has a tobacco permit for 1691 Asbury Road. Violation of the tobacco
permit occurred as follows:
Violation Date
November 23, 2018
Violation Type Violation Number
Tobacco Violation 1St Violation
Under the foregoing Iowa Code provisions, Beecher Liquor is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Beecher Liquor accepts
the following penalty:
Three hundred dollar ($300.00) fine.
Beecher Liquor
Signature Signature
Name — Please Print
0 r
Date
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 Beecher Liquor to the City of
Dubuque — Police Department.
PASSED AND APPROVED thi`day of
Attest:
Kevin Fi stall!, City Clerk
hi644/
• Roy D. Bupayor
, oir
DUBUQUE POLICE DEPARTMENT
Check No: 2238
Paid By: BEECHER LIQUOR
Amount:
$300.00
Check
For MISCELLANEOUS
Receipt No: 17978
Date: April 16, 2019
Check 2238, Tobacco Compliance, 1st offense 11/23/18 [04/16/2019
16:20, DYOUNG, 251, DUPD]
By: YOUNG, DAWN M
Officer