Loading...
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 C`o Name Please Print V-77_2 Date /1". -ignature Lisa, -77)71/- Name - Please Print Date (/// 2://(p 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