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
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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