Tobacco Compliance Civil Penalty_Moondog Music Copyright 2014
City of Dubuque Consent Items # 34.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License
Holder— Moondog Music
SUMMARY: City Manager recommending approval of the
Acknowledge ment/Settlement Agreement for a tobacco
compliance violation for Moondog Music, 806 Wacker Drive
#120
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Moondog Music Tobacco Compliance Agreement-MVM City Manager Memo
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, Moondog Music
DATE: June 21, 2016
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Moondog Music, 806 Wacker Drive #120.
1 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 M. Dalsing, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
June 20, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Moondog Music
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Moondog Music.
BACKGROUND
Moondog Music has a tobacco license for its establishment located at 806 Wacker Drive
#120 in the City of Dubuque. On December 9, 2014 and April 22, 2016 the Dubuque
Police Department did a tobacco compliance check and an employee sold tobacco to
underage youth compliance monitors.
Moondog Music has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Moondog Music has agreed to a $1,500 fine for a
second 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 — 2nd Violation
RE: Moondog Music
806 Wacker Drive #120
Dubuque, IA 52002
Dubuque Shop Inc.
806 Wacker Drive #120
Dubuque, IA 52002
I,
jv GT0e, on behalf of Moondog Music, hereby knowingly and
voluntarily acknowl dge that:
a) Moondog Music received the notice regarding the above referenced case.
b) Moondog Music admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Moondog Music waives a hearing and submits to the statutory penalties
prescribed by law.
d) Moondog Music understands that this violation will count as an official
"Second Violation — Tobacco Compliance" of City of Dubuque Code of
Ordinances Section 7-5A-15, pursuant to Iowa Code §805.8C.
Moondog Music has a tobacco permit for 806 Wacker Drive #120. Violation of the
tobacco permit occurred as follows:
Violation Date
December 9, 2014
April 22, 2016
Violation Type
Tobacco Violation
Tobacco Violation
Violation Number
1St Violation
2nd Violation
Under the foregoing Iowa Code provisions, Moondog Music is subject to the following:
1) A one thousand five hundred dollar ($1,500) fine
OR
2) A thirty (30) day suspension of the tobacco permit.
In accordance with Iowa Code §805.8C, Moondog Music chooses one of the following
penalties:
One thousand five hundred dollar ($1,500) fine
❑ Thirty (30) day tobacco permit suspension
Moondog Music
is)
Signature
744th 4a.
Name — Please Print
Rio clTod
Signature
Name — Please Print
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 Moondog Music to the City
of Dubuque — Police Department.
PASSED AND APPROVED this
Attest:
Kevii Firnstahl, C. 'd erk
day of , 20
Roy D. B ®I, Mayor