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Tobacco Compliance_Kohinoor Grocers 2nd OffenseMasterpiece 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 bierd All-America City 1 2007 Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance Settlement Agreement -2nd 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 28, 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, second offense, 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 December 29, 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 thirty (30) day tobacco permit suspension and has submitted their signed agreement. 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 — 2nd Violation RE: Kohinoor Grocers 1198 White Street Dubuque, IA 52001 Tahera Nishat 1198 White Street Dubuque, IA 52001 1, i , 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 penalty will count as an official "Second 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 November 1, 2011 December 29, 2011 Violation Type Tobacco Violation Tobacco Violation Violation Number 1st Violation 2nd Violation Under the foregoing Iowa Code provisions, Kohinoor Grocers is subject to the following: 1) A one thousand five hundred dollar ($1,500) fine OR 2) A thirty (30) day suspension of the tobacco permit. In accordance with Iowa Code §453A.22, Kohinoor Grocers chooses the following penalty: ❑ One thousand five hundred dollar ($1,500.00) fine t7 Thirty (30) day tobacco permit suspension The suspension of the tobacco permit must be served as follows: Tuesday, March 6, 2012 through and including Wednesday, April 4, 2012 Total: Thirty (30) days Kohinoor Grocers Signature Signature Name — Please Print Name — Please Print Date 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 suspension of the tobacco permit be served as outlined. PASSED AND APPROVED this 5th day of March , 2012 . Attest: