Tobacco Compliance Civil Penalty_Kwik Stop #300 Copyrighted
March 19, 2018
City of Dubuque Consent Items # 26.
ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License
Holder— Kwik Stop #300
SUMMARY: City Manager recommending approval of the
AcknowledgemenUSettlement Agreement for a tobacco
compliance violation for Kwik Stop #300, 1215 E. 16th
Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Kwik Stop#300 Tobacco Compliance Agreement-NNM City Manager Memo
Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement, Kwik Stop #300
DATE: March 8, 2018
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Kwik Stop #300, 1215 East 16�h Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen��—�
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Mark Dalsing, Chief of Police
"IHE CITY OF
DUB E MEMORANDUM
Masterpiece on tl2e Mississippi
March 6, 2018
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Kwik Stop #300
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Kwik Stop #300.
BACKGROUND
Kwik Stop #300 has a tobacco license for its establishment at 1215 East 16t" Street in
the City of Dubuque. On December 2, 2016 and February 7, 2018, the Dubuque Police
Department did a tobacco compliance check and an employee sold tobacco to
underage youth compliance monitors.
Kwik Stop #300 has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Kwik Stop #300 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
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — 2nd Violation
RE: Kwik Stop #300
1215 East 16th Street
Dubuque, IA 52001
MF Enterprises, LLC
PO Box 768
Dubuque, IA 52004-0768
I, ,, ov , on behalf of Kwik Stop #300, hereby knowingly and
voluntarily acknowledge that:
a) Kwik Stop #300 received the notice regarding the above referenced case.
b) Kwik Stop #300 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Kwik Stop #300 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Kwik Stop #300 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.
Kwik Stop #300 has a tobacco permit for 1215 East 16th Street. Violation of the tobacco
permit occurred as follows:
Violation Date
December 2, 2016
February 7, 2018
Violation Type
Tobacco Violation
Tobacco Violation
Violation Number
1st Violation
2nd Violation
Under the foregoing Iowa Code provisions, Kwik Stop #300 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, Kwik Stop #300 chooses one of the following
penalties:
One thousand five hundred dollar ($1,500) fine
❑ Thirty (30) day tobacco permit suspension
Kwik Stop #300
-t Y ViAiMs
Signature
Name — Please Print Name — Please Print
o9/,21/S
Date
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 Kwik Stop #300 to the City
of Dubuque — Police Department.
PASSED AND APPROVED this. day of AYA4 , 201
,./
101,
Roy D. Buo,7Mayor
Attest:
Kevi Fi nstahl, City Ierk