Tobacco Compliance Violation_5 Star Tattoo Copyright 2014
City of Dubuque Consent Items # 18.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License Holder— 5 Star
Tattoos
SUMMARY: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance
violation for 5 Star Tattoos, 901 Rhomberg Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ 5 Star Tattoos Tobacco Compliance Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement, 5 Star Tattoos LLC
DATE: November 5, 2014
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with 5 Star Tattoos LLC, 901 Rhomberg Avenue.
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 Dalsing, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
November 4, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, 5 Star Tattoos LLC
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and 5 Star Tattoos LLC.
BACKGROUND
5 Star Tattoos LLC has a tobacco license for its establishment at 901 Rhomberg
Avenue in the City of Dubuque. On August 28, 2014 the Dubuque Police Department
did a tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
5 Star Tattoos LLC has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. 5 Star Tattoos LLC 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
AcknowledgmentlSettlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance ®1st Violation
RE: 5 Star Tattoos
901 Rhomberg
Dubuque, IA 52001
5 Star Tattoos LLC
901 Rhomberg
Dubuque, IA 52001
, on behalf of 5 Star Tattoos LLC, hereby knowingly
and voluntarily acknowledge that:
a) 5 Star Tattoos LLC received the notice regarding the above referenced
case.
b) 5 Star Tattoos LLC admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) 5 Star Tattoos LLC waives a hearing and submits to the statutory
penalties prescribed by law.
d) 5 Star Tattoos LLC 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.
5 Star Tattoos LLC has a tobacco permit for 901 Rhomberg. Violation of the tobacco
permit occurred as follows:
Violation Date
August 28, 2014
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, 5 Star Tattoos LLC is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, 5 Star Tattoos
LLC accepts the following penalty:
Three hundred dollar ($300.00) fine.
5 Star Tattoos LLC
Signature
Name — Please Print Name — Please Print
Signature
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 5 Star Tattoos LLC to the
City of Dubuque — Police Department.
PASSED AND APPROVED this 17 day of November , 2014 •
Attest:
in Firnstahl,
Roy D. But, Mayor