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Tobacco Compliance Violation_Oky Doky #1THE 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, Oky Doky #1 DATE: July 14, 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 Oky Doky #1, 250 W. 1st 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 July 14, 2014 TO: Michael C. Van Milligen City Manager FR: Mark M. Da'sing Chief of Police RE: Settlement Agreement, Oky Doky #1 INTRODUCTION This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Oky Doky #1. BACKGROUND Oky Doky #1 has a tobacco license for its establishment at 250 W 1st 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 #1 has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. Oky Doky #1 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: Oky Doky #1 251 W 1St Street Dubuque, IA 52001 • • TFM Co. • PO Box 300 • Dubuque, IA 52004-0300 1, lort,--) l tA(SApLI5(3tj , on behalf of Oky Doky #1, hereby knowingly and voluntarily acknowledge that: a) Oky Doky #1 received the notice regarding the above referenced case. b) Oky Doky #1 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 #1 waives a hearing and submits to the statutory penalties prescribed by law. d) Oky Doky #1 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 #1 has a tobacco permit for 251 W 1st 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 #1 is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Oky Doky #1 accepts the following penalty: • Three hundred dollar ($300.00) fine. v #1 Signature Signature <-" l ikkTosbr.� Name — Please Print Name — Please Print .C31) td1 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 #1 to the City of Dubuque — Police Department. PASSED AND APPROVED this?4fday of Attest: Kevin Firnstahl, City C erk Roy D. Buol. ayor