Tobacco Compliance Civil Penalty_Kwik Stop C-Stores Copyrighted
May 15, 2017
City of Dubuque Consent Items # 30.
ITEM TITLE: Tobacco Compliance Civil Penalty for Tobacco License
Holder— Kwik Stop C-Stores
SUMMARY: City Manager recommending approval of the
Acknowledge ment/Settlement Agreement for a tobacco
compliance violation for Kwik Stop C-Stores, 2335
University Ave.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Kwik Stop C-Stores Tobacco Compliance Agreement- City Manager Memo
MVM 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
Kwik Stop C-Stores
DATE: May 4, 2017
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Kwik Stop C-Stores, 2335 University Avenue.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Zia/
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
May 1 , 2017
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Kwik Stop C-Stores
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Kwik Stop C-Stores.
BACKGROUND
Kwik Stop C-Stores has a tobacco license for its establishment 2335 University Avenue
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.
Kwik Stop C-Stores has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Kwik Stop C-Stores 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 C -Stores
2335 University Avenue
Dubuque, IA 52001
Rainbo Oil Co.
PO Box 768
Dubuque, IA 52004
1, 1i IMCAOXS, on behalf of Kwik Stop C -Stores, hereby knowingly
and voluntarily acknowledge that:
a) Kwik Stop C -Stores received the notice regarding the above referenced
case.
b) Kwik Stop C -Stores 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 C -Stores waives a hearing and submits to the statutory
penalties prescribed by law.
d) Kwik Stop C -Stores 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 C -Stores has a tobacco permit for 2335 University Avenue. Violation of the
tobacco permit occurred as follows:
Violation Date
January 24, 2017
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Kwik Stop C -Stores is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Kwik Stop C -
Stores accepts the following penalty:
® Three hundred dollar ($300.00) fine.
Kwik Stop C -Stores
Name — Please Print
f - T
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 C -Stores to the
City of Dubuque — Police Department.
chi
PASSED AND APPROVED this "7 day of i , 20
i
frvi
(J�
Roy D. Buol, ayor
Attest:
Kevin P'irnstahT,ify Clem