Tobacco Compliance Violation - HyVee Wine & Spirits A Copyright 2014
City of Dubuque Consent Items # 24.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License
Holder— Hy-Vee Wine & Spirits "A"
SUMMARY: City Manager recommending approval of the
Acknowledgment/Settlement Agreement for a tobacco
compliance violation for Hy-Vee Wine & Spirits "A," 3500
Dodge Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Hy-Vee 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, Hy-Vee Wine & Spirits "A"
DATE: March 14, 2016
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Hy-Vee Wine & Spirits "A", 3500 Dodge 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
Mark Dalsing, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
March 7, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Hy-Vee Wine & Spirits "A"
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Hy-Vee Wine & Spirits "A".
BACKGROUND
Hy-Vee Wine & Spirits "A" has a tobacco license for its establishment at 3500 Dodge
Street in the City of Dubuque. On January 19, 2016 the Dubuque Police Department did
a tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Hy-Vee Wine & Spirits "A" has elected to forego a public hearing and will instead submit
to statutory penalties prescribed by law. Hy-Vee Wine & Spirits "A" 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: Hy -Vee Wine & Spirits "A"
3500 Dodge Street
Dubuque, IA 52003
Hy -Vee, Inc.
5820 Westown Parkway
West Des Moines, IA 50266
I, Mic Jurgens , on behalf of Hy -Vee Wine & Spirits "A", hereby
knowingly and voluntarily acknowledge that:
a) Hy -Vee Wine & Spirits "A" received the notice regarding the above
referenced case.
b) Hy -Vee Wine & Spirits "A" admits that the facts and allegations contained
in the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Hy -Vee Wine & Spirits "A" waives a hearing and submits to the statutory
penalties prescribed by law.
d) Hy -Vee Wine & Spirits "A" 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.
Hy -Vee Wine & Spirits "A" has a tobacco permit for 3500 Dodge Street. Violation of the
tobacco permit occurred as follows:
Violation Date
January 19, 2016
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Hy -Vee Wine & Spirits "A" is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Hy -Vee Wine &
Spirits "A" accepts the following penalty:
• Three hundred dollar ($300.00) fine.
H -Vee Wine S • irits "A"
Signature
Mic Jurg
Name —Please Print Sr. Vice President
/(
Date Date
Signature
Name — Please Print
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 Hy -Vee Wine & Spirits "A" to
the City of Dubuque — Police Department.
PASSED AND APPROVED this 21st day of March
Attest:
, 2016 .
oel—
Ric W. Done , Mayor Pro• -tem.