Tobacco Compliance Civil Penalty for Liquor Tobacco & Grocery Copyrighted
May 6, 2019
City of Dubuque Consent Items # 33.
ITEM TITLE: Tobacco Compliance Civil PenaltyforAlcohol License
Holder— Liquor Tobacco & Grocery
SUMMARY: City Manager recommending approval of the
AcknowledgmenUSettlement Agreement for an tobacco
compliance violation for Liquor Tobacco & Grocery, 1998
Jackson Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Liquor Tobacco& Grocery Tobacco Compliance City Manager Memo
SettlementAgreement-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: Liquor Tobacco & Grocery Tobacco Compliance Settlement Agreement
DATE: April 5, 2019
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Liquor Tobacco & Grocery, 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 �� �
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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
April 22, 2019
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Liquor Tobacco & Grocery
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Liquor Tobacco & Grocery
BACKGROUND
Liquor Tobacco & Grocery has a tobacco license for its establishment at 1691 Asbury
Road in the City of Dubuque. On November 30, 2018, the Dubuque Police Department
did a tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Liquor Tobacco & Grocery has elected to forego a public hearing and will instead submit
to statutory penalties prescribed by law. Liquor Tobacco & Grocery 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: Liquor Tobacco & Grocery
1998 Jackson Street
Dubuque, IA 52001
MU222 Inc.
1998 Jackson Street
Dubuque, IA 52001
1, (0--154/14 Af-47/ff , on behalf of Liquor Tobacco & Grocery, hereby
knowingly and voluntarily acknowledge that
a) Liquor Tobacco & Grocery received the notice regarding the above
referenced case.
b) Liquor Tobacco & Grocery admits that the facts and allegations contained
in the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Liquor Tobacco & Grocery waives a hearing and submits to the statutory
penalties prescribed by law.
d) Liquor Tobacco & Grocery 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.
Liquor Tobacco & Grocery has a tobacco permit for 1998 Jackson Street. Violation of
the tobacco permit occurred as follows:
Violation Date Violation Type Violation Number
November 30, 2018 Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Liquor Tobacco & Grocery is subject a three
hundred dollar ($300.00) fine, In accordance with Iowa Code §805.8C,
«Business_NameD accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Liquor Tobacco & Grocery
Signature Signature
IN-' MA/1 /49 iF
Nam- - Please Print
ort/f9 19
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 Liquor Tobacco & Grocery
to the City of Dubuque Police Department.
PASSED AND APPROVED this day of
Attest:
Kevin irnstahl, City Jerk