Tobacco Compliance Civil Penalty for Ron's Discount Smokes Copyright 2014
City of Dubuque Consent Items # 22.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License
Holder— Ron's Discount Smokes
SUMMARY: City Manager recommending approval of the
Acknowledge ment/Settlement Agreement for a tobacco
compliance violation for Ron's Discount Smokes &
Beverage Center, 3300 Asbury Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Ron's Discount Smokes Tobacco Compliance City Manager Memo
Agreement-MVM Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Ron's Discount Smokes & Beverage Center Tobacco Compliance
Settlement Agreement
DATE: August 4, 2016
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Ron's Discount Smokes & Beverage Center, 3300 Asbury
Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael 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
August 3, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Ron's Discount Smokes & Beverage Center
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Ron's Discount Smokes & Beverage Center.
BACKGROUND
Ron's Discount Smokes & Beverage Center has a tobacco license for its establishment
at 3300 Asbury Road in the City of Dubuque. On June 8, 2015 and June 28, 2016 the
Dubuque Police Department did a tobacco compliance check and an employee sold
tobacco to underage youth compliance monitors.
Ron's Discount Smokes & Beverage Center has elected to forego a public hearing and
will instead submit to statutory penalties prescribed by law. Ron's Discount Smokes &
Beverage Center 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: Ron's Discount Smokes &
Beverage Center
3300 Asbury Road
Dubuque, IA 52002
RKM LLC
6141 Forest Hills Drive
Asbury, IA 52002
1100. PitAL5,9e k , on behalf of Ron's Discount Smokes & Beverage
Center, hereby knowingly and voluntarily acknowledge that:
a) Ron's Discount Smokes & Beverage Center received the notice regarding
the above referenced case.
b) Ron's Discount Smokes & Beverage Center admits that the facts and
allegations contained in the Complaint, which is attached hereto and
incorporated herein by reference, are true and correct.
c) Ron's Discount Smokes & Beverage Center waives a hearing and submits
to the statutory penalties prescribed by law.
d) Ron's Discount Smokes & Beverage Center 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.
Ron's Discount Smokes & Beverage Center has a tobacco permit for 3300 Asbury
Road. Violation of the tobacco permit occurred as follows:
Violation Date
June 8, 2015
June 28, 2016
Violation Type
Tobacco Violation
Tobacco Violation
Violation Number
1st Violation
2nd Violation
Under the foregoing Iowa Code provisions, Ron's Discount Smokes & Beverage Center
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, Ron's Discount Smokes & Beverage Center
chooses one of the following penalties:
One thousand five hundred dollar (51,500) fine
❑ Thirty (30) day tobacco permit suspension
Ron's Discount Smokes & Beverage Center
VA, R41(
Signature Signature
RD
1l
Name — Please Print
Date
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 Ron's Discount Smokes &
Beverage Center to the City of Dubuque - Police Department.
PASSED AND APPROVED this
Attest:
day of k:, / , 20/6_.
(.0
Roy D. Buol,Mayor
4Devi+-F+r+frE4819-17C#y-G1ef1-
Trish'_L..Gleason, Assistant City Clerk