Settlement Agreement, Casey's General Store, Inc #2421City of Dubuque
City Council Meeting
Consent Items # 016.
Copyrighted
July 17, 2023
ITEM TITLE: Settlement Agreement, Casey's General Store, Inc #2421
SUMMARY: City Manager recommending City Council approval of the Tobacco
Compliance Settlement Agreement with Casey's General Store, Inc.
#2421, 4003 Peru Road.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Casey's General Store 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, Casey's General Store, Inc #2421
DATE: July 12, 2023
Dubuque
WAWca 914
ii
2007-2012.2013
2017*2019
Chief of Police Jeremy Jensen is recommending City Council approval of the Tobacco
Compliance Settlement Agreement with Casey's General Store, Inc. #2421, 4003 Peru
Road.
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
DU
THE CtU�B�
Police Department
Dubuque Law Enforcement Center
AIA
All -America City
D
770 Iowa Street
P.O. Box 875
'
1
Dubuque,lA 52004-0875
I I
Masterpiece on the Mississippi
Office (563) 589-4410
Fax (563) 589-4497
zom • 2012.2013
TTY (563) 583-1711
E-mail: police@cityofdubuque.org
www.cityofdubuque.org
July 12, 2023
To: Michael C Van Milligan
City Manager
Fr: Jeremy Jensen
Chief of Police
Re: Settlement Agreement, Casey's General Store, Inc.
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Casey's General Store, Inc.
BACKGROUND
Casey's General Store, Inc. has a tobacco license for its establishment at 4003 Peru
Rd. in the city of Dubuque. On May 25, 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.
Casey's General Store, Inc. has elected to forego a public hearing and will instead
submit to statutory penalties prescribed by law. Casey's General Store, Inc. 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 Brumwell
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — Ist Violation
t
RE: Casey's General Store #2421
4003 Peru Rd.
Dubuque, -IA 52001 -
Casey's General Store, Inc.
PO Box 3001
-- - Ankeny, IA 50021-8045—
JAMES SKLODA
L , on behalf of Casey's General Store #2421, hereby
knowingly and voluntarily acknowledge that:
a) Casey's General Store 92421 received the notice regarding the above
referenced case.
b) Casey's General Store #2421 admits that the facts and allegations are
true and correct.
c) Casey's General Store #2421 waives a hearing and submits to the
statutory penalties prescribed by law.
d) Casey's General Store #2421 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.
Casey's General Store #2421 has a tobacco permit for 4003 Peru Rd. Violation of the
tobacco permit occurred as follows:
Violation ate Vialatton Type Violation Nymbpr
05/25/2023 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, Casey's General
Store #2421 accepts the following penalty:
Three hundred dollar ($300.00) fine.
Casey's General ,tore #2421
L
uSi9netl by:'7�4a
Signature Signature
JAMES SKLODA, AST. GENERAL COUNSEL
Name — Please Print
7/9/2023
Name — Please Print
Date �p 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 Casey's General Store
#2421 to the City of Dubuque — Police Department.
PASSED AND APPROVED this 7 day of J U , 20,E� .
df U VI. hiavar , tayor
Attest:
04--� W-Z�- su&�
Adrienne BreitFelder, City Clerk