Tobacco Compliance Civil Penalty for Tobacco License Holder - Hartig Drug Copyright 2014
City of Dubuque Consent Items # 19.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License Holder— Hartig
Drug Company
SUMMARY: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance
violation for Hartig Drug Company #4, 2225 Central Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Hartig Drug#4 Tobacco Compliance Settlement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Copy 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 — Hartig Drug Company #4
DATE: October 22, 2015
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Hartig Drug Company #4, 2225 Central 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 M. Dalsing, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
October 21 , 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Hartig Drug Company #4
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Hartig Drug Company #4.
BACKGROUND
Hartig Drug Company #4 has a tobacco license for its establishment 2225 Central
Avenue in the City of Dubuque. On August 18, 2015 the Dubuque Police Department
did a tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Hartig Drug Company #4 has elected to forego a public hearing and will instead submit
to statutory penalties prescribed by law. Hartig Drug Company #4 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: Hartig Drug Company #4
2225 Central Avenue
Dubuque, IA 52001
•
•
Hartig Drug Company, Inc.
PO Box 709
Dubuque, IA 52001
I,✓! s lty°t' , on behalf of Hartig Drug Company #4, hereby
knowingly and voluntarily acknowledge that:
a) Hartig Drug Company #4 received the notice regarding the above
referenced case.
b) Hartig Drug Company #4 admits that the facts and allegations contained in
the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Hartig Drug Company #4 waives a hearing and submits to the statutory
penalties prescribed by law.
d) Hartig Drug Company #4 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.
Hartig Drug Company #4 has a tobacco permit for 2225 Central Avenue. Violation of the
tobacco permit occurred as follows:
Violation Date
August 18, 2015
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Hartig Drug Company #4 is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Hartig Drug
Company #4 accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Hartiq Drug Company #4
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 Hartig Drug Company #4 to
the City of Dubuque — Police Department.
PASSED AND APPROVED this ` /4 ;day of
Attest:
2014/14 Az( , 20/.
9147
Roy D. Bup1f, Mayor