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
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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 -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: