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Tobacco Compliance Violations_Dave's Downtown ConocoTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement, Dave's Downtown Conoco DATE: March 21, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance Settlement Agreement with Dave's Downtown Conoco, 500 Locust Street. I concur with the recommendation and respectfully request Mayor and City Council approval. brilvt4 ., Mic ael 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 March 11, 2013 TO: Michael C. Van Milligen City Manager FR: Mark M. Da'sing Chief of Police RE: Settlement Agreement, Dave's Downtown Conoco INTRODUCTION This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Dave's Downtown Conoco. BACKGROUND Dave's Downtown Conoco has a tobacco license for its establishment at 500 Locust Street in the City of Dubuque. On February 10, 2014 the Dubuque Police Department did a tobacco compliance check and an employee sold tobacco to underage youth compliance monitors. Dave's Downtown Conoco has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. Dave's Downtown Conoco 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: Dave's Downtown Conoco 500 Locust Street Dubuque, IA 52001 Dave's Downtown Conoco, Inc. 500 Locust Street Dubuque, IA 52001 I, D, //D , POr9gic , on behalf of Dave's Downtown Conoco, hereby knowingly and voluntarily acknowledge that: a) Dave's Downtown Conoco received the notice regarding the above referenced case. b) Dave's Downtown Conoco admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Dave's Downtown Conoco waives a hearing and submits to the statutory penalties prescribed by law. d) Dave's Downtown Conoco understands that this violation will count as an official "First Violation — Tobacco Compliance" of Iowa Code §453A.2, pursuant to Iowa Code §453A.22. Dave's Downtown Conoco has a tobacco permit for 500 Locust Street. Violation of the tobacco permit occurred as follows: Violation Date February 10, 2014 Violation Type Violation Number Tobacco Violation 1st Violation Under the foregoing Iowa Code provisions, Dave's Downtown Conoco is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §453A.22, Dave's Downtown Conoco accepts the following penalty: • Three hundred dollar ($300.00) fine. Dave's Downtown Conoco gnature Signature .P4 v10 t 4047915 )�- f//I , 4 04705 - Name — Please Print Name — Please Print 2 dr/3 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 Dave's Downtown Conoco to the City of Dubuque — Police Department. PASSED AND APPROVED this day of , 20/ . Attest: 4011P' /j Kevin i ns ahl, C y Clerk Roy D. B7I, Mayor