Tobacco Compliance Civil Penalty_Let's Roll TobaccoMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement, Let's Roll Tobacco
DATE: January 26, 2012
Dubuque
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All- America City
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Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
settlement between the City of Dubuque and Let's Roll Tobacco.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark Dalsing, Chief of Police
Crenna Brumwell, Assistant City Attorney
THE CITY OF
DUB TE MEMORANDUM
Masterpiece on the Mississippi
January 13, 2012
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Let's Roll Tobacco
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Let's Roll Tobacco.
BACKGROUND
Let's Roll Tobacco, 3430 Dodge Street, has a tobacco license for its establishment in
the City of Dubuque. On October 26, 2011, the Dubuque Police Department did a
tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Let's Roll Tobacco has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Let's Roll Tobacco has agreed to a $300 fine for a
first violation and has submitted payment to the City Clerk's Office.
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: Let's Roll Tobacco IA LLC
3430 Dodge Street
Dubuque, IA 52003
David Hayes
4988 Danforth Road
Escanaba, MI 49829
I, (P),kby-coS- g031 ,W \ , on behalf of Let's Roll Tobacco IA LLC, hereby
knowingly and voluntarily acknowledge that:
a) Let's Roll Tobacco IA LLC received the Notice of Hearing regarding the
above referenced case.
b) Let's Roll Tobacco IA LLC admits that the facts and allegations contained
in the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Let's Roll Tobacco IA LLC waives a public hearing and submits to the
statutory penalties prescribed by law.
d) Let's Roll Tobacco IA LLC understands that this violation will count as an
official "First Violation — Tobacco Compliance" of Iowa Code §453A.2, pursuant
to Iowa Code §453A.22.
Let's Roll Tobacco IA LLC has a tobacco permit for 3430 Dodge Street. Violation of the
tobacco permit occurred as follows:
Violation Date Violation Type Violation Number
October 26, 2011 Tobacco Violation 1St Violation
Under the foregoing Iowa Code provisions, Let's Roll Tobacco IA LLC is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §453A.22, Let's Roll
Tobacco IA LLC accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Let's Roll Tobacco IA LLC .
Signature
'Robe c mot'
Name — Please Print
1(131 12
Da e
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 public hearing, the City of Dubuque City Council
hereby orders that the foregoing civil penalty has been remitted by Let's Roll Tobacco
IA LLC to the City of Dubuque — City Clerk's Office.
PASSED AND APPROVED this 6th day of February , 2012
Attest:
Kevi Fi nstahl, Cit Cler
DLi
Roy D. idol, Mayor