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Tobacco Compliance Civil Penalty_Kwik Stop #78 Copyrighted March 19, 2018 City of Dubuque Consent Items # 24. ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License Holder— Kwik Stop #78 SUMMARY: City Manager recommending approval of the AcknowledgemenUSettlement Agreement for a tobacco compliance violation for Kwik Stop #78, 4039 Pennsylvania Avenue. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Kwik Stop#78 Tobacco Compliance Agreement-NNM City Manager Memo Memo Staff Memo Staff Memo Agreement Copy Staff Memo THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement, Kwik Stop #78 DATE: March 8, 2018 Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance Settlement Agreement with Kwik Stop #78, 4039 Pennsylvania Avenue. I concur with the recommendation and respectfully request Mayor and City Council approval. �"1.� 1� i�,� Mic ael C. Van Milligen��—� MCVM:jh 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 #78 INTRODUCTION This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Kwik Stop #78. BACKGROUND Kwik Stop #78 has a tobacco license for its establishment at 4039 Pennsylvania Avenue in the City of Dubuque. On June 28, 2016 and February 7, 2018, the Dubuque Police Department did a tobacco compliance check and an employee sold tobacco to underage youth compliance monitors. Kwik Stop #78 has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. Kwik Stop #78 has agreed to a $1 ,500 fine for a second 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 — 2nd Violation RE: Kwik Stop #78 4039 Pennsylvania Avenue Dubuque, IA 52002 Rainbo Oil Company PO Box 768 Dubuque, IA 52004-0768 1, S\-ai rv\yiLrs voluntarily acknowledge that: , on behalf of Kwik Stop #78, hereby knowingly and a) Kwik Stop #78 received the notice regarding the above referenced case. b) Kwik Stop #78 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 #78 waives a hearing and submits to the statutory penalties prescribed by law. d) Kwik Stop #78 understands that this violation will count as an official "Second Violation — Tobacco Compliance" of City of Dubuque Code of Ordinances Section 7-5A-15, pursuant to Iowa Code §805.8C. Kwik Stop #78 has a tobacco permit for 4039 Pennsylvania Avenue. Violation of the tobacco permit occurred as follows: Violation Date June 28, 2016 February 7, 2018 Violation Type Tobacco Violation Tobacco Violation Violation Number 1St Violation 2nd Violation Under the foregoing Iowa Code provisions, Kwik Stop#78 is subject to the following: 1) A one thousand five hundred dollar ($1,500) fine OR 2) A thirty (30) day suspension of the tobacco permit. In accordance with Iowa Code §805.8C, Kwik Stop #78 chooses one of the following penalties: ❑ One thousand five hundred dollar ($1,500) fine ❑ Thirty (30) day tobacco permit suspension Kwik Stop #78 Signatures,,.., Signature SM . wan dPirS Name — Please Print cd)3(1g Date 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 #78 to the City of Dubuque Police Department. PASSED AND APPROVED this/ day of , 20% Attest: Kevi . irnstahl, City Clerk