Tobacco Compliance Violation_Ron's Discount Smokes & Beverage CenterMasterpiece on the Mississippi
Dubuque
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AI- America City
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2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Ron's Discount Smokes & Beverages Center
DATE: August 13, 2013
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Ron's Discount Smokes & Beverages Center at 1450 Loras
Boulevard.
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
DUB TE MEMORANDUM
Masterpiece on the Mississippi
August 13, 2013
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Da'sing
Chief of Police
RE: Settlement Agreement, Ron's Discount Smokes & Beverages Center
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Ron's Discount Smokes & Beverages Center.
BACKGROUND
Ron's Discount Smokes & Beverages Center has a tobacco license for its establishment
at 1450 Loras Boulevard in the City of Dubuque. On May 30, 2013 the Dubuque Police
Department did a tobacco compliance check and an employee sold tobacco to
underage youth compliance monitors.
Ron's Discount Smokes & Beverages Center has elected to forego a public hearing and
will instead submit to statutory penalties prescribed by law. Ron's Discount Smokes &
Beverages Center has agreed to a $300 fine for a first violation and has submitted
payment to the Police Department.
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: Ron's Discount Smokes &
Beverages Center
1450 Loras Blvd.
Dubuque, IA 52001
RKM, LLC
6141 Forest Hills Drive
Dubuque, IA 52002
• 4 / / , on behalf of Ron's Discount Smokes & Beverages
Center, her y knowingly and voluntarily acknowledge that:
a) Ron's Discount Smokes & Beverages Center received the notice
regarding the above referenced case.
b) Ron's Discount Smokes & Beverages Center admits that the facts and
allegations contained in the Complaint, which is attached hereto and
incorporated herein by reference, are true and correct.
c) Ron's Discount Smokes & Beverages Center waives a hearing and
submits to the statutory penalties prescribed by law.
d) Ron's Discount Smokes & Beverages Center understands that this
violation will count as an official "First Violation — Tobacco Compliance" of Iowa
Code §453A.2, pursuant to Iowa Code §453A.22.
Ron's Discount Smokes & Beverages Center has a tobacco permit for 1450 Loras Blvd.
Violation of the tobacco permit occurred as follows:
Violation Date
May 30, 2013
Violation Type Violation Number
Tobacco Violation 1St Violation
Under the foregoing Iowa Code provisions, Ron's Discount Smokes & Beverages
Center is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code
§453A.22, Ron's Discount Smokes & Beverages Center accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Ron's Discount Smokes & Beverages Center
I,I
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 hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Ron's Discount Smokes &
Beverages Center to the City of Dubuque — Police Department.
PASSED AND APPROVED this /9 day of
Attest:
Kevi irnstahl, City Clerk
bit 1-6,-00
20/�
Roy D. Bu ,Mayor