Tobacco Compliance_Kohinoor Grocers 1st OfficeMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement, Kohinoor Grocers
DATE: February 28, 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 Agreement -1St offense with Kohinoor Grocers, 1198 White Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE CITY OF
DUB TE MEMORANDUM
Masterpiece on the Mississippi
February 20, 2012
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Da'sing
Chief of Police
RE: Settlement Agreement, Kohinoor Grocers
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Kohinoor Grocers.
BACKGROUND
Kohinoor Grocers, 1198 White Street, has a tobacco license for its establishment in the
City of Dubuque. On November 1, 2011, the Dubuque Police Department did a tobacco
compliance check and an employee sold tobacco to underage youth compliance
monitors.
Kohinoor Grocers has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Kohinoor Grocers 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: Kohinoor Grocers
1198 White Street
Dubuque, IA 52001
Tahera Nishat
1198 White Street
Dubuque, IA 52001
1, lithit4k _ 1 1t4 , on behalf of Kohinoor Grocers, hereby knowingly and
voluntarily acknowledge 'that:
a) Kohinoor Grocers received the Notice of Hearing regarding the above
referenced case.
b) Kohinoor Grocers admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Kohinoor Grocers waives a public hearing and submits to the statutory
penalties prescribed by law.
d) Kohinoor Grocers understands that this violation will count as an official
"First Violation — Tobacco Compliance" of Iowa Code §453A.2, pursuant to Iowa
Code §453A.22.
Kohinoor Grocers has a tobacco permit for 1198 White Street. Violation of the tobacco
permit occurred as follows:
Violation Date Violation Type Violation Number
November 1, 2011 Tobacco Violation 1St Violation
Under the foregoing Iowa Code provisions, Kohinoor Grocers is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §453A.22, Kohinoor Grocers
accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Kohinoor Grocers
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Signare Signature
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Name — Please Print
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Date
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Name — Please Print
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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 Kohinoor Grocers to
the City of Dubuque — City Clerk's Office.
PASSED AND APPROVED this 5th day of March , 20 12 .
/Lei
Roy D. Bu, Mayor
Attest:
Kevi• irnstahl, City Clerk