Alcohol Compliance Civil Penalty for Alcohol License Holder— Eagle Country Market Copyright 2014
City of Dubuque Consent Items # 27.
ITEM TITLE: Alcohol Compliance Civil Penalty for Alcohol License Holder— Eagle
Country Market
SUMMARY: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance
violation for Eagle Country Market, 1800 Elm Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Eagle Country Market Tobacco Compliance Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Copy Staff Memo
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, Eagle Country Market
DATE: July 13, 2015
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Eagle Country Market, 1800 Elm Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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 E MEMORANDUM
Masterpiece on the Mississippi
July 2, 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Eagle Country Market
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Eagle Country Market.
BACKGROUND
Eagle Country Market has a tobacco license for its establishment 1800 Elm Street in the
City of Dubuque. On May 29, 2015 the Dubuque Police Department did a tobacco
compliance check and an employee sold tobacco to underage youth compliance
monitors.
Eagle Country Market has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Eagle Country Market 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 AG lEEEMENT
Tobacco Compliance — 1st Violation
RE: Eagle Country Market
1800 Ekn Street
Dubuque, IA 52001
Downtolikm ili;mjle,
925 Main Street
Crete, NE 6:333
rt-• ak,„ , on behalf of Eagle Country Market, hereby knowingly
and voluntarily acknowledge that:
a) Eagle Country Market received the notice regarding the above nE-,..ferenced
case.
b) Eagle Country Market admits that the facts and allegations ccryained in
the Complaint, which is attached hereto and incorporated herein brir i'clerence,
are tre and correct.
c) Eagle Country Market waives, a hearing and submits to the statutory
penalfes prescribed by law.
d) Eagle Country Market understands that this violation will count as an
official "First Violation — Tobacco Compliance" of City of Dubuque Code of
Ordirmnces Section 7-5A-15, pursuant to Iowa -Code §805.8C.
Eagle. Country Market has a tobacco permit for -649e—tuarS't Street. Violation of the
tobacco permit occurred as follows:
Vic let Dn Date
May 29, 2015
Violation Type Vip [alien Nurabi.3r.
Tobacco Violation i Violation •
Under the fc regoing Iowa Code provisions, Eagle Country Market is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Eagle Country
Market accepts the following penalty:
Three hundred dollar ($300.00) fine.
Eagle Couniiy lqirket •
Signature
r te
fkke.
Name Neese Print
_.-
Da P
17(-634
Signature
Name— Please Print
Date
NOTE: This mast be l'igned by an individual tobacco permittee, or in the case of another busness entity,
by individual(s:i 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 Eagle Country Market to the
City of Dubuque Police Department.
PASSED AND APPROVED this gl2 day of
Attest:
4 4/"Ird.ry,..4.*WAT7
Kevi F "nStahl, Cy C -rk
20
Roy D. B , Mayor