Tobacco Compliance Civil Penalty for Fas Mart Copyrighted
March 20, 2017
City of Dubuque Consent Items # 19.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License
Holder— Fas Mart
SUMMARY: City Manager recommending approval of the
Acknowledge ment/Settlement Agreement for a tobacco
compliance violation for Fas Mart, 2175 Central Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Fas Mart Tobacco Compliance Agreement-MVM Memo City Manager 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— Fas Mart #5159
DATE: March 7, 2017
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Fas Mart#5159, 2175 Central Avenue.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
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
March 3, 2017
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Fas Mart#5159
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Fas Mart #5159.
BACKGROUND
Fas Mart #5159 has a tobacco license for its establishment 2175 Central Avenue in the
City of Dubuque. On November 22, 2016, the Dubuque Police Department did a
tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Fas Mart #5159 has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Fas Mart #5159 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: Fas Mart #5159 GPM Midwest, LLC
2175 Central Avenue 8565 Magellan Parkway
Dubuque, IA 52001 Richmond, VA 23227
(1/A,L„r‘.7 Roil/ -,„,1 L
voluntarily acknowledge that:
a) Fas Mart #5159 received the notice regarding the above referenced case.
on behalf of Fas Mart #5159, hereby knowingly and
b) Fas Mart #5159 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Fas Mart #5159 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Fas Mart #5159 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.
Fas Mart #5159 has a tobacco permit for 2175 Central Avenue. Violation of the tobacco
permit occurred as follows:
Violation Date
Violation Type Violation Number
November 22, 2016 Tobacco Violation 1St Violation
Under the foregoing Iowa Code provisions, Fas Mart #5159 is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Fas Mart #5159 accepts
the following penalty:
• Three hundred dollar ($300.00) fine.
Fas Mart #5159
Signature Signature
Name — Please Print
Date
Name — Pile se Print
-7
Date
Maury Bricks
Cafterafeounse-
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 Fas Mart #5159 to the City
of Dubuque — Police Department.
PASSED AND APPROVED this d y of
Roy D:'Buol f ayor
Attest:
Kevi Firnstaht Gity Cl&ik