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Tobacco Compliance Violation_Ron's Discount Smokes & Beverage CenterMasterpiece on the Mississippi Dubuque band AI- America City 11111r 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