Loading...
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 band AI -America City r 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 ` ` dr Kevin F' ns a,City Cler D �.P Roy D. ol, Mayor