Tobacco Compliance_Tott's Tap Copyright 2014
City of Dubuque Consent Items # 24.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License
Holder— Tott's Tap
SUMMARY: City Manager recommending approval of the
Acknowledge ment/Settlement Agreement for a tobacco
compliance violation for Tott's Tap, 3457 Jackson Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Settlement Agreement-Toffs Tap-MVM Memo City Manager Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
THE CITY ODubuque
AI-AmericII a Ciry
DUBi&E r
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 —Tott's Tap
DATE: April 25, 2016
Chief of Police Mark Dalsing is recommending approval of the Alcohol Compliance
Settlement Agreement with Tott's Tap.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
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
April 19, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement— Tott's Tap
INTRODUCTION
This memo will detail the Alcohol Compliance settlement between the City of Dubuque
and Tott's Tap.
BACKGROUND
Tott's Tap has a liquor license for its establishment at 3457 Jackson Street in the City of
Dubuque. On February 19, 2016 the Dubuque Police Department did an alcohol
compliance check at Tott's Tap and an employee sold alcohol to underage youth
compliance monitors.
City Council has directed that staff work with license and permit holders to serve
suspensions & penalties in a flexible way. Tott's Tap has chosen a five hundred dollar
($500.00)fine and has submitted their signed agreement.
CONCLUSION & RECOMMENDATION
In accordance with Council directive, City staff has developed a penalty schedule for
violators. Tott's Tap was provided the schedule and selected their choice of penalty.
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
Alcohol Compliance — 1st Violation
RE: Tott's Tap
3457 Jackson Street
Dubuque, IA 52001
Tott's Tap Inc.
3457 Jackson Street
Dubuque, IA 52001
1, Gerald Tott , on behalf of Tott's Tap, hereby knowingly and
voluntarily acknowledge that:
a) Tott's Tap received the notice regarding the above referenced case.
b) Tott's Tap admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Tott's Tap waives a hearing and submits to the statutory penalties
prescribed by law.
d) Tott's Tap understands that this violation will count as an official "First
Violation -Alcohol Compliance" of City of Dubuque Code of Ordinances §4-2A-3,.
pursuant to Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-2B-
16.
Tott's Tap has a liquor license for 3457 Jackson Street. Violation of the liquor license
occurred as follows:
Violation Date Violation Type Violation Number
February 19, 2016 Alcohol Violation 1St Violation
Under the foregoing Iowa Code and City of Dubuque Code of Ordinances provisions,
Tott's Tap is subject to the following:
1) A five hundred dollar ($500.00) fine
OR
2) A fourteen (14) day suspension of the liquor license.
In accordance with Iowa Code §123.50 and City of Dubuque Code of Ordinances §4-
2B-16, Tott's Tap chooses one of the following penalties:
Five hundred dollar ($500.00) fine
❑ Fourteen (14) day liquor license suspension
Tott's Tap
Signature
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NOTE: This must be signed by an individual alcohol licensee, 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 Tott's Tap to the City of
Dubuque — Police Department.
PASSED AND APPROVED thi- day of ", 20:/ .
Attest:
Kevin Fithstah ,,r City Clerk
„, /Se,,,
Roy D. Buy1', Mayor