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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