Tobacco Compliance Violation_Oky Doky #8 FoodsTHE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tobacco Compliance Settlement Agreement - Oky Doky #8 Foods
DATE: June 30, 2014
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Oky Doky #8 Foods, 535 Hill Street, for a first violation of
the tobacco sales ordinance.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
bd-144 c,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DUB TE MEMORANDUM
Masterpiece on the Mississippi
June 25, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Oky Doky #8
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Oky Doky #8.
BACKGROUND
Oky Doky #8 has a tobacco license for its establishment at 535 Hill Street in the City of
Dubuque. On April 29, 2014 the Dubuque Police Department did a tobacco compliance
check and an employee sold tobacco to underage youth compliance monitors.
Oky Doky #8 has elected to forego a public hearing and will instead submit to statutory
penalties prescribed by law. Oky Doky #8 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
AcknowledgmentiSettlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — 1st Violation
RE: Oky Doky #8
535 Hill Street
Dubuque, IA 52001
Hill Street Plaza
535 Hill Street
Dubuque, IA 52001
voluntarily acknowledge that:
, on behalf of Oky Doky #8, hereby knowingly and
a) Oky Doky #8 received the notice regarding the above referenced case.
b) Oky Doky #8 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Oky Doky #8 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Oky Doky #8 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.
Oky Doky #8 has a tobacco permit for 535 Hill Street. Violation of the tobacco permit
occurred as follows:
Violation Date Violation Type Violation Number
April 29, 2014 Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Oky Doky #8 is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Oky Doky #8 accepts the
following penalty:
• Three hundred dollar ($300.00) fine.
Okv ,D . kv #8
Signature
r'€€ -
Name
— Please Print
Signature
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 Oky Doky #8 to the City of
Dubuque — Police Department.
PASSED AND APPROVED this day of �! __� , 20/7.
Roy D. By 1, Mayor
Attest: