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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