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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 bierd All- America City 1 2007 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