Tobacco Compliance Civil Penalty for Neighborhood Quick Mart Copyrighted
April 15, 2019
City of Dubuque Consent Items # 28.
ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License
Holder— Neighborhood Quick Mart
SUMMARY: City Manager recommending approval of the
AcknowledgemenUSettlement Agreement for a tobacco
compliance violation for Neighborhood Quick Mart, 690 W.
Locust Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
Neighborhood Quick Mart Tobacco Compliance City Manager Memo
SettlementAgreement-MVM Memo
Agreement Copy Staff Memo
Staff Memo 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: Neighborhood Quick Mart Tobacco Compliance Settlement Agreement
DATE: April 5, 2019
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Neighborhood Quick Mart, 690 W. Locust 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 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, Neighborhood Quick Mart
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Neighborhood Quick Mart
BACKGROUND
Neighborhood Quick Mart has a tobacco license for its establishment at 690 W Locust
Street in the City of Dubuque. On November 23, 2018, the Dubuque Police Department
did a tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Neighborhood Quick Mart has elected to forego a public hearing and will instead submit
to statutory penalties prescribed by law. Neighborhood Quick Mart has agreed to a $300
fine for a first 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 — 1st Violation
RE: Neighborhood Quick Mart
690 W Locust Street
Dubuque, IA 52001
Kava Companies Inc.
13384 BMR Lane
Dubuque, IA 52002
I, P \ ,\T\ , on behalf of Neighborhood Quick Mart, hereby
knowingly and voluntarily acknowledge that:
a) Neighborhood Quick Mart received the notice regarding the above
referenced case.
b) Neighborhood Quick Mart admits that the facts and allegations contained
in the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Neighborhood Quick Mart waives a hearing and submits to the statutory
penalties prescribed by law.
d) Neighborhood Quick Mart understands that this violation will count as an
official "First Violation — Tobacco Compliance" of City of Dubuque Code of
Ordinances Section 7-5A-15, pursuant to Iowa Code §805.8C.
Neighborhood Quick Mart has a tobacco permit for 690 W Locust Street. Violation of the
tobacco permit occurred as follows:
Violation Date
November 23, 2018
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, «Business_Name» is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Neighborhood
Quick Mart accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Neighborhood Quick Mart
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Name — Please Print
�1—AC\
Date
Signature
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 Neighborhood Quick Mart to
the City of Dubuque — Police Department.
PASSED AND APPROVED this /day of#'14,..4,, 20
Roy D. Buoll ayor
Attest:
Kevin F rnstahl, City Clerk