Tobacco Compliance Civil Penalty for Tobacco License_Kwik Stop #300 Copyright 2014
City of Dubuque Consent Items # 14.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License
Holder— Kwik Stop #300
SUMMARY: City Manager recommending approval of the
Acknowledge ment/Settlement Agreement for a tobacco
compliance violation for Kwik Stop #300, 1215 East 16th
Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Kwik Stop Tobacco Compliance Agreement-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement— Kwik Stop 16th St. #300
DATE: February 13, 2017
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Kwik Stop, 16th Street #300.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
February 7, 2017
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Kwik Stop 16th St #300
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Kwik Stop 16th St #300.
BACKGROUND
Kwik Stop 16th St #300 has a tobacco license for its establishment 1215 East 16th
Street in the City of Dubuque. On December 2, 2016, the Dubuque Police Department
did a tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Kwik Stop 16th St #300 has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Kwik Stop 16th St #300 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
AcknowledgmentlSettlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — 1st Violation
RE: Kwik Stop 16th St #300
1215 East 16th Street
Dubuque, IA 52001
MF Enterprises, LLC
PO Box 768
Dubuque, IA 52004-0768
I, / /? r pi , on behalf of Kwik Stop 16th St #300, hereby
knowingly and voluntarily acknowledge that:
a) Kwik Stop 16th St #300 received the notice regarding the above
referenced case.
b) Kwik Stop 16th St #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 16th St #300 waives a hearing and submits to the statutory
penalties prescribed by law.
d) Kwik Stop 16th St #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 16th St #300 has a tobacco permit for 1215 East 16th Street. Violation of the
tobacco permit occurred as follows:
Violation Date
December 2, 2016
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Kwik Stop 16th St #300 is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Kwik Stop 16th
St #300 accepts the following penalty:
0 Three hundred dollar ($300.00) fine.
Kwik Stop 16th St #300
Signature
Name - Please Print
7-‘1/-
Date
- /-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 16th St #300 to
the City of Dubuque — Police Department.
PASSED AND APPROVED this day of :f„ ui , 20r
Attest:
Kevin Firnstahl, City Clerk
Roy D. Buol, I ayor