Tobacco Compliance_Casey's General Store #2421Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Casey's General Store #2421
DATE: September 14, 2011
Dubuque
AI- America City
2007
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Casey's General Store #2421.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mi ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark M. Dalsing, Chief of Police
Masterpiece on the Mississippi
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsingl
Chief of Police //
MEMORANDUM
September 12, 2011
RE: Settlement Agreement Casey's General Store #2421
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Casey's General Store #2421.
BACKGROUND
Casey's General Store 32421, 4003 Peru Road, has a tobacco license for its
establishment in the City of Dubuque. On October 21, 2010 the Dubuque Police
Department did a tobacco compliance check and an employee sold tobacco to
underage youth compliance monitors.
Casey's has elected to forego a public hearing and will instead submit to statutory
penalties prescribed by law. Casey's has agreed to a $300 fine for a first violation and
has submitted payment to the City Clerk's Office.
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: Casey's General Store #2421
4003 Peru Road
Dubuque, IA 52001
Casey's Marketing Company
PO Box 3001
Ankeny, IA 50021 -8045
I, CI cu r' (. MaH-a.n , on behalf of Casey's General Store #2421, hereby
knowingly and voluntarily acknowledge that:
a) Casey's General Store #2421 received the Notice of Hearing regarding
the above referenced case.
b) Casey's General Store #2421 admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Casey's General Store #2421 waives a public hearing and submits to the
statutory penalties prescribed by law.
d) Casey's General Store #2421 understands that this violation will count as
an official "First Violation — Tobacco Compliance" of Iowa Code §453A.2,
pursuant to Iowa Code §453A.22.
Casey's General Store #2421 has a tobacco permit for 4003 Peru Road. Violation of the
tobacco permit occurred as follows:
Violation Date
October 21, 2010
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Casey's General Store #2421 is subject a
three hundred dollar ($300.00) fine. In accordance with Iowa Code §453A.22, Casey's
General Store #2421 accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Casey's General Store #2421
Signature
Claire 12_ . Malfan. al (?()L &I
Name — Please Print �J
3.2_9.1i
Signature
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 public hearing, the City of Dubuque City Council
hereby orders that the foregoing civil penalty has been remitted by Casey's General
Store #2421 to the City of Dubuque — City Clerk's Office.
PASSED AND APPROVED this 19thday of September , 2011 .
Attest:
47,
nn V. Sutton, Mayor Pro -Tem