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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