Tobacco Compliance Civil Penalty for Kwik Stop #84 Copyrighted
April 15, 2019
City of Dubuque Consent Items # 27.
ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License
Holder— Kwik Stop#84
SUMMARY: City Manager recommending approval of the
AcknowledgemenUSettlement Agreement for a tobacco
compliance violation for Kwik Stop #84, 2335 University
Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
Kwik Stop#84 Tobacco Compliance Settlement City Manager Memo
Agreement-MVM Memo
Staff Memo Staff Memo
AgreementCopy Supporting Documentation
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Kwik Stop #84 Tobacco Compliance Settlement Agreement
DATE: April 5, 2019
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Kwik Stop #84, 2335 University Avenue.
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 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, Kwik Stop #84
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Kwik Stop #84.
BACKGROUND
Kwik Stop #84 has a tobacco license for its establishment at 2335 University Avenue in
the City of Dubuque. On January 24, 2017 and November 30, 2018, the Dubuque
Police Department did a tobacco compliance check and an employee sold tobacco to
underage youth compliance monitors.
Kwik Stop #84 has elected to forego a public hearing and will instead submit to statutory
penalties prescribed by law. Kwik Stop #84 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 #84
2335 University Avenue
Dubuque, IA 52001
Rainbo Oil Company
PO Box 768
Dubuque, IA 52004-0768
1, QvR M)iG(1x, on behalf of Kwik Stop #84, hereby knowingly and
voluntarily acknowledge that:
a) Kwik Stop #84 received the notice regarding the above referenced case.
b) Kwik Stop #84 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 #84 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Kwik Stop #84 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 #84 has a tobacco permit for 2335 University Avenue. Violation of the
tobacco permit occurred as follows:
Violation Date
January 24, 2017
November 30, 2018
Violation Type
Tobacco Violation
Tobacco Violation
Violation Number
1st Violation
2nd Violation
Under the foregoing Iowa Code provisions, Kwik Stop #84 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 #84 chooses one of the following
penalties:
x One thousand five hundred dollar ($1,500) fine
❑ Thirty (30) day tobacco permit suspension
Kwik Stop #84
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Signature
Name — Please Print Name — Please Print
3
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 #84 to the City of
Dubuque — Police Department.
PASSED AND APPROVED this, day of
Attest:
Kevin irnstahl, City Clerk
,20/r.
Roy D. Buol," ayor