Tobacco Violation_HyVee Store 32Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Hy -Vee #2
DATE: February 7, 2013
Dubuque
kital
All- America City
II 111!
2012
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Hy -Vee #2, 2395 Northwest Arterial.
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
Teri Goodmann, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Mark M. Dalsing, Chief of Police
DATE: February 1, 2013
SUBJECT: Settlement Agreement, Hy -Vee #2
Dubuque
had
All-America City
' 11'
2007
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Hy -Vee #2.
BACKGROUND
Hy -Vee #2 has a tobacco license for its establishment at 2395 Northwest Arterial in the City of Dubuque. On November 20,
2012 the Dubuque Police Department did a tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
DISCUSSION
Hy -Vee #2 has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. Hy -Vee #2
has agreed to a $300 fine for a first violation and has submitted payment to the Police Department.
RECOMMENDATION
The City Legal Department and the Police Department have reviewed the agreement and concur with the requirements.
ACTION TO BE TAKEN
City Manager review, City Council approval, and Mayor Buol signature of the attached Acknowledgment /Settlement
Agreement.
Prepared by:
Mark Dalsing
cc:
Crenna Brumwell
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Tobacco Compliance — 1st Violation
RE: Hy -Vee Food Store #2
2395 NW Arterial
Dubuque, IA 52002
•
•
•
. Hy -Vee, Inc.
•
. 5820 Westown Pkwy
•
. West Des Moines, IA 50266
1, Stephen Meyer , on behalf of Hy -Vee Food Store #2, hereby
knowingly and voluntarily acknowledge that:
a) Hy -Vee Food Store #2 received the notice regarding the above referenced
case.
b) Hy -Vee Food Store #2 admits that the facts and allegations contained in
the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Hy -Vee Food Store #2 waives a hearing and submits to the statutory
penalties prescribed by law.
d) Hy -Vee Food Store #2 understands that this violation will count as an
official "First Violation — Tobacco Compliance" of Iowa Code §453A.2, pursuant
to Iowa Code §453A.22.
Hy -Vee Food Store #2 has a tobacco permit for 2395 NW Arterial. Violation of the
tobacco permit occurred as follows:
Violation Date Violation Type Violation Number
November 20, 2012 Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Hy -Vee Food Store #2 is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §453A.22, Hy -Vee Food
Store #2 accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Hv-Vee Food Store #2
Signat
Stephen Meyer
Name - Please Print
Executive Vice President
January 30, 2 01 3
Date
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 hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Hy -Vee Food Store #2 to the
City of Dubuque — Police Department.
PASSED AND APPROVED this 18thday of February
Roy b. B o l, Mayor
Attest:
i AI
Kevin irnstahl, Ci