Tobacco Compliance Civil Penalty_Kwik Stop #74 Copyrighted
March 19, 2018
City of Dubuque Consent Items # 23.
ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License
Holder— Kwik Stop #74
SUMMARY: City Manager recommending approval of the
AcknowledgemenUSettlement Agreement for a tobacco
compliance violation for Kwik Stop #74, 2360 Central
Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Kwik Stop#74 Tobacco Compliance Agreement-NNM City Manager Memo
Memo
Staff Memo Staff Memo
Agreement Copy Staff Memo
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement, Kwik Stop #74
DATE: March 8, 2018
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Kwik Stop #74, 2360 Central Avenue.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen��—�
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Mark Dalsing, Chief of Police
"IHE CITY OF
DUB E MEMORANDUM
Masterpiece on tl2e Mississippi
March 6, 2018
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Kwik Stop #74
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Kwik Stop #74.
BACKGROUND
Kwik Stop #74 has a tobacco license for its establishment at 2360 Central Avenue in the
City of Dubuque. On December 6, 2017, the Dubuque Police Department did a tobacco
compliance check and an employee sold tobacco to underage youth compliance
monitors.
Kwik Stop #74 has elected to forego a public hearing and will instead submit to statutory
penalties prescribed by law. Kwik Stop #74 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
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance —1St Violation
RE: Kwik Stop #74
2360 Central Avenue
Dubuque, IA 52001
Rainbo OH Company
PO Box 768
Dubuque, IA 52004-0768
I, l'e,V' (tLi , on behalf of Kwik Stop #74, hereby knowingly and
voluntarily acknowledge that:
a) Kwik Stop #74 received the notice regarding the above referenced case.
b) Kwik Stop #74 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 #74 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Kwik Stop #74 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 #74 has a tobacco permit for 2360 Central Avenue. Violation of the tobacco
permit occurred as follows:
Violation Date
Date: 12/06/17
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Kwik Stop #74 is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Kwik Stop #74 accepts
the following penalty:
• Three hundred dollar ($300.00) fine.
Kwik Stop #74
Signature Signature
&-.evit 01601d.
Name — Please Print Name — Please Print
Date 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 #74 to the City of
Dubuque — Police Department.
PASSED AND APPROVED this /day of
Attest:
Kevi irnstahl, City Clerk
Roy D. B r• I, Mayor