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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 � 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: 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. �� ✓ Gtn,r /� 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 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