Tobacco Compliance Civil Penalty_Kmart #4018 Copyrighted
May 15, 2017
City of Dubuque Consent Items # 28.
ITEM TITLE: Tobacco Compliance Civil Penalty for Tobacco License
Holder— Kmart#4018
SUMMARY: City Manager recommending approval of the
Acknowledge ment/Settlement Agreement for a tobacco
compliance violation for Kmart#4018, 2600 Dodge Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Kmart 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: Tobacco Compliance Settlement Agreement - Kmart#4018
DATE: May 4, 2017
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Kmart #4018, 2600 Dodge Street.
I 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
January 15, 2013
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Kmart#4018
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Kmart #4018.
BACKGROUND
Kmart #4018 has a tobacco license for its establishment at 2600 Dodge Street in the
City of Dubuque. On January 24, 2017, the Dubuque Police Department did a tobacco
compliance check and an employee sold tobacco to underage youth compliance
monitors.
Kmart #4018 has elected to forego a public hearing and will instead submit to statutory
penalties prescribed by law. Kmart #4018 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: Kmart #4018
2600 Dodge Street
Dubuque, IA 52003
vol ntarily acknowled a that:
Kmart Corporation
3333 Beverly Road B2 -113A
Hoffman Estates, IL 60179
�,o.n behalf of Kmart #4018, hereby knowingly and
a) Kmart #4018 received the notice regarding the above referenced case.
b) Kmart #4018 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Kmart #4018 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Kmart #4018 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.
Kmart #4018 has a tobacco permit for 2600 Dodge Street. Violation of the tobacco
permit occurred as follows:
Violation Date
January 24, 2017
Violation Tvr e Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Kmart #4018 is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Kmart #4018 accepts the
following penalty:
• Three hundred dollar ($300.00) fine.
Kmart #4018
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Signatur
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 Kmart #4018 to the City of
Dubuque — Police Department.
tfi
PASSED AND APPROVED this / day of , 20/
(
Roy D. Buol, Iyor
Attest:
Kevin irnstahl,City 1Terk