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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