Tobacco Compliance Violation_Phillips 66/Arby'sTHE 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 - Phillips 66/Arby's
DATE: June 9, 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 Phillips 66/Arby's, 10 South Main Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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
June 5, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Da'sing
Chief of Police
RE: Settlement Agreement, Phillips 66/Arby's
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Phillips 66/Arby's.
BACKGROUND
Phillips 66/Arby's has a tobacco license for its establishment at 10 South Main Street in
the City of Dubuque. On March 31, 2014 the Dubuque Police Department did a tobacco
compliance check and employees sold tobacco to underage youth compliance monitors.
Phillips 66/Arby's has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Phillips 66/Arby's 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: Phillips 66/Arby's
10 South Main Street
Dubuque, IA 52001
Liberty Station LLC
PO Box 207
Dubuque, IA 52004-0207
1, Brian Enke , on behalf of Phillips 66/Arby's, hereby knowingly and
voluntarily acknowledge that:
a) Phillips 66/Arby's received the notice regarding the above referenced
case.
b) Phillips 66/Arby's admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Phillips 66/Arby's waives a hearing and submits to the statutory penalties
prescribed by law.
d) Phillips 66/Arby's understands that this violation will count as an official
"First Violation — Tobacco Compliance" of City of Dubuque Code of Ordinances
Section 7-5A-15, pursuant to Iowa Code §805.8C.
Phillips 66/Arby's has a tobacco permit for 10 South Main Street. Violation of the
tobacco permit occurred as follows:
Violation Date
March 31, 2014
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Phillips 66/Arby's is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Phillips 66/Arby's accepts
the following penalty:
• Three hundred dollar ($300.00) fine.
Phillips 66/Arby's
Signature Signature
Brian Enke
Name — Please Print Name — Please Print
5/28/14
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 Phillips 66/Arby's to the City
of Dubuque — Police Department.
PASSED AND APPROVED this day of , 20
Attest:
Kevin Firnstahl, City Clerk
Roy D. Buol, Mayor
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — 1st Violation
RE: Phillips 66/Arby's Liberty Station LLC
10 South Main Street PO Box 207
Dubuque, IA 52001 Dubuque, IA 52004-0207
•
I, Brian Enke , on behalf of Phillips 66/Arby's, hereby knowingly and
voluntarily acknowledge that:
a) Phillips 66/Arby's received the notice regarding the above referenced
case.
b) Phillips 66/Arby's admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Phillips 66/Arby's waives a hearing and submits to the statutory penalties
prescribed by law.
d) Phillips 66/Arby's understands that this violation will count as an official
"First Violation — Tobacco Compliance" of City of Dubuque Code of Ordinances
Section 7-5A-15, pursuant to Iowa Code §805.8C.
Phillips 66/Arby's has a tobacco permit for 10 South Main Street. Violation of the
tobacco permit occurred as follows:
Violation Date
March 31, 2014
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Phillips 66/Arby's is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Phillips 66/Arby's accepts
the following penalty:
• Three hundred dollar ($300.00) fine.
Phillips 66/Arby's
!✓..i n C,h VL.
Signature Signature
Brian Enke
Name — Please Print Name — Please Print
5/28/14
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 Phillips 66/Arby's to the City
of Dubuque — Police Department.
PASSED AND APPROVED this � clay of , 20 /
Attest:
Kevin r r stahl, City Cle