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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.