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Tobacco Compliance_Kwik Star #495Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Kwik Star #495 DATE: September 14, 2011 Dubuque klitA All - America City 2007 Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance Settlement Agreement with Kwik Star #495. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi hael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mark M. Dalsing, Chief of Police THE CITY OF DUB 7E MEMORANDUM Masterpiece on the Mississippi September 12, 2011 TO: Michael C. Van Milligen City Manager -'-'-7)V FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement, Kwik Star #495 INTRODUCTION This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Kwik Star #495. BACKGROUND Kwik Star #495, 2685 Dodge Street, has a tobacco license for its establishment in the City of Dubuque. On May 5, 2011 the Dubuque Police Department did a tobacco compliance check and an employee sold tobacco to underage youth compliance monitors. Kwik Star has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. Kwik Star 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: Kwik Star #495 2685 Dodge Street Dubuque, IA 52001 P12 AH I1: 27 Kwik Trip, Inc. rr�� 1626 Oak Street, PO B bi iK'S Office La Crosse, WI 54602 -21 � qU2, J, Donald P. Zietlow , on behalf of Kwik Star #495, hereby knowingly and voluntarily acknowledge that: a) Kwik Star #495 received the Notice of Hearing regarding the above referenced case. b) Kwik Star #495 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 Star #495 waives a public hearing and submits to the statutory penalties prescribed by law. d) Kwik Star #495 understands that this violation will count as an official "First Violation — Tobacco Compliance" of Iowa Code §453A.2, pursuant to Iowa Code §453A.22. Kwik Star #495 has a tobacco permit for 2685 Dodge Street. Violation of the tobacco permit occurred as follows: Violation Date Violation Type Violation Number May 5, 2011 Tobacco Violation 1St Violation Under the foregoing Iowa Code provisions, Kwik Star #495 is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §453A.22, Kwik Star #495 accepts the following penalty: • Three hundred dollar ($300.00) fine. Kwik Star #495 Signature J' V Donald P. Zietlow Signature Name — Please Print Name — Please Print 8/26/11 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 Kwik Star #495 to the City of Dubuque — City Clerk's Office. PASSED AND APPROVED this 19thday of September Attest: Firnsta ,2011 • V. Sutton, Mayor Pro -Tem