Tobacco Compliance Civil Penalty_HyVee South Locust Street_PULLED Copyrighted
November4, 2019
City of Dubuque Consent Items # 19.
ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License
Holder— HyVee #1
SUMMARY: City Manager recommending approval of the
AcknowledgemenUSettlement Agreement for a tobacco
compliance violation for HyVee Store #1, 3500 Dodge
Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
Hy-Vee#1 Tobacco Compliance Settlement City Manager Memo
Agreement-MVM Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
THE CITY OF 4
DUB
Masterpiece on the Mississippi
TO: Kevin Firnstahl
City Clerk
FR: Mark M. Da!sing
Chief of Police
Dubuque
All Aw rica gitf
11I'
2007.2012.2013
2017*2019
RE: Hy -Vee #1 Tobacco Compliance Settlement Agreement
Police Department
Dubuque Law Enforcement Center
770 Iowa Street
P.O. Box 875
Dubuque, IA 52004-0875
Office (563) 589-4410
Fax (563) 589-4497
TTY (563) 583-1711
E-mail: police@cityofdubuque.org
www.cityofdubuque.org
November 4, 2019
Hy -Vee #, located at 3500 Dodge Street, Dubuque, IA had an employee sell tobacco to
an underage youth compliance monitor on December 21, 2018. Hy -Vee #1 arranged to
forego a public hearing and instead submit to the statutory penalty as prescribed by a
law - a $300 fine. The agreement to accept the penalty was scheduled for the
November 4, 2019 City Council meeting as a Consent item.
Corporate officials from Hy -Vee contacted the Dubuque Police Department the morning
of November 4, 2019 and relayed that there was a miscommunication between
corporate offices and management of Hy -Vee #1, and that the corporate offices would
like to enter an "Affirmative Defense" rather than pay the fine. An Affirmative Defense in
these situations is one where the defendant can use past employee training as proof
that the business is working to prevent underage sales.
I requested that you pull the item from the agenda while we work with Hy -Vee #1 to
determine their eligibility to use the Affirmative Defense. If eligible, this item will not
reappear on a future agenda. If ineligible, this item may appear on a future agenda. This
memo is a follow-up confirmation of our earlier conversation.
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Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Hy-Vee #1 Tobacco Compliance Settlement Agreement
DATE: October 28, 2019
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Hy-Vee #1, 3500 Dodge Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
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
October 15, 2019
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Hy-Vee #1
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Hy-Vee #1 .
BACKGROUND
Hy-Vee #1 has a tobacco license for its establishment at 3500 Dodge Street in the City
of Dubuque. On December 21 , 2018 the Dubuque Police Department did a tobacco
compliance check and an employee sold tobacco to underage youth compliance
monitors.
Hy-Vee #1 has elected to forego a public hearing and will instead submit to statutory
penalties prescribed by law. Hy-Vee #1 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: Hy-Vee #1 . Hy-Vee Inc.
3500 Dodge Street . 5820 Westown Pkwy
Dubuque, IA 52003 . West Des Moines, IA 50266
I, � {�;r `ll�:}me"�� , on behalf of Hy-Vee #1, hereby knowingly and
voluntarily acknowl dge that:
a) Hy-Vee #1 received the notice regarding the above referenced case.
b) Hy-Vee #1 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Hy-Vee #1 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Hy-Vee #1 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 lowa Code §805.8C.
Hy-Vee #1 has a tobacco permit for 3500 Dodge Street. Violation of the tobacco permit
occurred as follows:
Violation Date Violation Tvpe Violation Number
December 21 , 2018 Tobacco Violation 15' Violation
Under the foregoing lowa Code provisions, Hy-Vee #1 is subject a three hundred dollar
($300.00) fine. In accordance with lowa Code §805.8C, Hy-Vee #1 accepts the
following penalty:
a Three hundred doliar ($300.00) fine.
H -Vee #1
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Signature Signature
���BvZ J'Cc��11�Z�Y
Name — Please Print Name — Please Print
/C, lI- l9
Date Date
NOTE This must be signed by an individual tobacco permittee, or in fhe case of another buslness enfity,
by individual(s) who have authority to bind the entlty.
THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Hy-Vee #1 to the City of
Dubuque — Police Department.
PASSED AND APPROVED this _ day of , 20
Roy D. Buol, Mayor
Attest:
Kevin Firnstahl, City Clerk