Tobacco Compliance Violation_Plaza 20 BP/AmocoTHE 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 - Plaza 20 BP/Amoco
DATE: May 23, 2014
Dubuque
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2007 • 2012 • 2013
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Plaza 20 BP/Amoco, 2600 Dodge 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
May 20, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Da'sing
Chief of Police
RE: Settlement Agreement, Plaza 20 BP/Amoco
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Plaza 20 BP/Amoco.
BACKGROUND
Plaza 20 BP/Amoco has a tobacco license for its establishment at 2600 Dodge Street in
the City of Dubuque. On November 13, 2012 and March 18, 2014 the Dubuque Police
Department did a tobacco compliance check and employees sold tobacco to underage
youth compliance monitors.
Plaza 20 BP/Amoco has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Plaza 20 BP/Amoco has agreed to a $1,500 fine
for a second 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 — 2nd Violation
RE: Plaza 20 BP/Amoco
2600 Dodge Street
Dubuque, IA 52003
"R" Future, Inc.
6141 Forest Hills Drive
Dubuque, IA 52002
I, -�j 1/I1 w� R i t , on behalf of Plaza 20 BP/Amoco, hereby knowingly
and voluunttat-ily acknowledge that:
a) Plaza 20 BP/Amoco received the notice regarding the above referenced
case.
b) Plaza 20 BP/Amoco admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Plaza 20 BP/Amoco waives a hearing and submits to the statutory
penalties prescribed by law.
d) Plaza 20 BP/Amoco understands that this violation will count as an official
"Second Violation — Tobacco Compliance" of City of Dubuque Code of
Ordinances Section 7-5A-15, pursuant to Iowa Code §805.8C.
Plaza 20 BP/Amoco has a tobacco permit for 2600 Dodge Street. Violation of the
tobacco permit occurred as follows:
Violation Date
November 13, 2012
March 18, 2014
Violation Type
Tobacco Violation
Tobacco Violation
Violation Number
1st Violation
2"d Violation
Under the foregoing Iowa Code provisions, Plaza 20 BP/Amoco is subject to the
following:
1) A one thousand five hundred dollar ($1,500) fine
OR
2) A thirty (30) day suspension of the tobacco permit.
In accordance with Iowa Code §805.8C, Plaza 20 BP/Amoco chooses one of the
following penalties:
o-" One thousand five hundred dollar ($1,500) fine
0 Thirty (30) day tobacco permit suspension
Plaza 20 BP/Amoco
41A 141/t Vl iLa
Signature / Signature
K -e -I )t, 61.,4,5s v Li
Name — Please/Print Name — Please Print
,5--)3pq
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 Plaza 20 BP/Amoco to the
City of Dubuque — Police Department.
PASSED AND APPROVED this day of
Attest:
4
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Kevin F' ns a,City Cler
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Roy D. ol, Mayor