Tobacco Compliance Civil Penalty for Casey's General Store #2420 Copyrighted
April 15, 2019
City of Dubuque Consent Items # 23.
ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License
Holder— Casey's General Store#2420
SUMMARY: City Manager recommending approval of the
AcknowledgemenUSettlement Agreement for a tobacco
compliance violation for Casey's General Store #2420,
2699 Rockdale Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
Casey's General Store#2420 Tobacco Compliance City Manager Memo
Settlement-MVM 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: Casey's General Store #2420 Tobacco Compliance Settlement
Agreement
DATE: April 5, 2019
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Casey's General Store #2420, 2699 Rockdale Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Mark M. Dalsing, Chief of Police
"IHE CITY OF
DUB E MEMORANDUM
Masterpiece on tl2e Mississippi
March 29, 2019
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Casey's General Store #2420
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Casey's General Store #2420.
BACKGROUND
Casey's General Store #2420 has a tobacco license for its establishment at 2699
Rockdale Road in the City of Dubuque. On March 8, 2017 and November 30, 2018, the
Dubuque Police Department did a tobacco compliance check and an employee sold
tobacco to underage youth compliance monitors.
Casey's General Store #2420 has elected to forego a public hearing and will instead
submit to statutory penalties prescribed by law. Casey's General Store #2420 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 -- 2" Violation
RE: Casey's General Store #2420
2699 Rockdale Road
Dubuque, JA 52003
Casey's General Store, Inc.
PO Box 2001
Ankeny, IA 50021-8045
I' Amy M. Costello, Legal Counsel on behalf of Casey's General Store #2420, hereby
knowingly and voluntarily acknowledge that:
a) Casey's General Store #2420 received the notice regarding the above
referenced case.
b) Casey's. General Store #2420 admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Casey's General Store #2420 waives a hearing and submits to the
statutory penalties prescribed by law.
d) Casey's General Store #2420 understands that this violation will count as
an official "Second Violation — Tobacco Compliance„ of City of Dubuque Code of
Ordinances Section 7-6A-15, pursuant to Iowa Code §805.80.
Casey's General Store #2420 has a tobacco permit for 2699 Rockdale Road. Violation
of the tobacco permit occurred as follows:
Violation Date
March 8, 2017
November 30, 2018
Violation Type
Tobacco Violation
Tobacco Violation
Violation Number
1st Violation
2"d Violation
Under the foregoing Iowa Code provisions, Casey's General Store #2420 is subject to
the following;
1) A one thousand five hundred dollar ($1,600) fine
OR
2) Athirty (30) day suspension of the tobacco permit.
in accordance with Iowa Code. §805.80, Casey's General Store #2420 chooses one of
the following penalties:
Xi One thousand five hundred dollar ($1,500) fine
o Thirty (30) day tobacco permit suspension
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General Store #24
Amy M. Costello, Legal Counsel
Signature
Name -- Please Print Name -- Please Print
Date
NOTE: This must be signed by an individual tobacco permittee, or in the case of another business entity,
day
individual(s) who have authority to bind the entity,
' Date
THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Casey's General Store
#2420 to the City of Dubuque - Police Department.
PASSED AND APPROVED this /day of
Attest:
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Ke ;n Firnstahl, City erk
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Roy D. Buol,1ilayor
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