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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