Settlement Agreement, Kwik Stop #300Copyrighted
June 20, 2023
City of Dubuque Consent Items # 021.
City Council Meeting
ITEM TITLE: Settlement Agreement, Kwik Stop #300
SUMMARY: City Manager recommending City Council approval of the Tobacco
Compliance Settlement Agreement with Kwik Stop #300, 1215 East 16th
Street.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
KW k Stop #300 Settlement Agreement Staff Memo
THE C
DUjIBQTE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement, Kwik Stop #300
DATE: June 13, 2023
Dubuque
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2007-2012.2013
2017*2019
Chief of Police Jeremy Jensen is recommending City Council approval of the Tobacco
Compliance Settlement Agreement with Kwik Stop #300, 1215 East 16t" Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jeremy Jensen, Chief of Police
F Dubuque
THE C�UjB
Police Department
Dubuque Law Enforcement Center
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770 lawn Street
P.O. Box 875
Dubuque,lA 52004-0875
Masterpiece Ott theMISSISStp��i
Office (563) 589-4410
Fax (563) 589-4497
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TTY (563) 583-1711
E-mail: police@cityofdubuque.org
www, cityofdubuque.org
June 6, 2023
To: Michael C Van Milligan
City Manager
Fr: Jeremy Jensen
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 161h Street in
the city of Dubuque. On April 28, 2023, the Dubuque Police Department did a tobacco
compliance check and an employee sold nicotine -based cigarette product, which is
governed under Iowa's tobacco laws, 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 had 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 Cavanagh signature of the
attached Acknowledgment/Settlement Agreement.
cc: Crenna Brumweil
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance -1st Violation
RE: Kwik Stop #300
1215 East 16t" Street
Dubuque, IA 52001
MF Enterprises, LLC
PO Box 768
Dubuque, IA 52004-0768
I, �Iwa lu 11Z1/ y]O 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
"First 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 Violation Type Violation Number
April 28, 2023 Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Kwik Stop #300 is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Kwik Stop #300 accepts
the following penalty:
• Three hundred dollar ($300.00) fine.
Kwik Stop #300
�ignatur� e
HPAlkw (+Avyl-Amcu,- x m3f:
Name — Please Print
�I s gn
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 Kwik Stop #300 to the City
of Dubuque — Police Department.
PASSED AND APPROVED this �0' day of J-uoe- , 20�3
rad Ce agh, Mayor
Fittest:
Adrienne Breitfelder, City Clerk