Loading...
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