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Tobacco Compliance Civil Penalty for Spencer GiftsCopyrighted May 18, 2020 City of Dubuque Consent Items # 21. ITEM TITLE: Tobacco Compliance Civil Penalty for Tobacco License Holder— Spencer Gifts SUMMARY: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Spencer Gifts, 555 J.F. Kennedy Road. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Spencer Gifts Tobacco Compliance Settlement City Manager Memo Agreement-MVM Memo Staff Memo Staff Memo Agreement Copy Supporting Documentation Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Tobacco Compliance Settlement Agreement - Spencer Gifts DATE: May 10, 2020 Dubuque bitil All-A.aia City 111111 2007.2012.2013 2017*2019 Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance Settlement Agreement with Spencer Gifts, 555 J. F. Kennedy Road. I concur with the recommendation and respectfully request Mayor and City Council approval. 7-- 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 wk THE CITY OF DUB UE MEMORANDUM Masterpiece on the Mississippi May 1, 2020 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement, Spencer Gifts INTRODUCTION This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Spencer Gifts. BACKGROUND Spencer Gifts has a tobacco license for its establishment at 555 J F Kennedy Road in the City of Dubuque. On February 7, 2020, the Dubuque Police Department did a tobacco compliance check and an employee sold a nicotine -based vapor product, which are governed under Iowa's tobacco laws, to underage youth compliance monitors. Spencer Gifts has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. Spencer Gifts 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: Spencer Gifts 555 J F Kennedy Road Dubuque, IA 52002 tta voluntarily acknowledge that: a) Spencer Gifts received the notice regarding the above referenced case. b) Spencer Gifts admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. Spencer Gifts LLC 6826 Black Horse Pike Egg Harbor Township, NJ 08234 on behalf of Spencer Gifts, hereby knowingly and c) Spencer Gifts waives a hearing and submits to the statutory penalties prescribed by law. d) Spencer Gifts 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. Spencer Gifts has a tobacco permit for 555 J F Kennedy Road. Violation of the tobacco permit occurred as follows: Violation Date February 7, 2020 Violation Type Violation Number Tobacco Violation 1st Violation Under the foregoing Iowa Code provisions, Spencer Gifts is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Spencer Gifts accepts the following penalty: Three hundred dollar ($300.00) fine. Spencer Gifts Signature Name - Please Print 3//3!Qo Date Signature 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 Spencer Gifts to the City of Dubuque — Police Department. PASSED AND APPROVED this/if day of 94, Attest: Kevin irnstahl, City Clerk ,2©,