Tobacco Compliance Violation_Kwik Stop, 4110 Dodge StreetTHE CITY OF
Dui
Masterpiece on the Mississippi
TO Michael C Van Milligen, City Manager
FROM Mark M Dalsing, Chief of Police
DATE 1218111
SUBJECT Settlement Agreement, Kwik Stop
Dubuque
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All-America City
'I 1 1 I'
2007
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Kwik Stop, 4110 Dodge Street
BACKGROUND
Kwik Stop, 4110 Dodge Street, has a tobacco license for its establishment in the City of Dubuque On August 11 , 2011 the
Dubuque Police Department did a tobacco compliance check and an employee sold tobacco to underage youth compliance
monitors
DISCUSSION
Kwik Stop has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law Kwik Stop
has agreed to a $300 fine for a first violation and has submitted payment to the City Clerk's Office
RECOMMENDATION
The City Legal Department and the Police Department have reviewed the agreement and concur with the requirements
ACTION TO BE TAKEN
City Manager review, City Council approval, and Mayor Buol signature of the attached Acknowledgment /Settlement
Agreement
Prepared by
Mark M Dalsing
cc
Crenna Brumwell
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement, Kwik Stop
DATE: December 10, 2011
Dubuque
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All-America City
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2007
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Kwik Stop, 4110 Dodge Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark M. Dalsing, Chief of Police
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Tobacco Compliance — 1st Violation
RE: Kwik Stop
4110 Dodge Street
Dubuque, IA 52001
Rainbo Oil Company
PO Box 768
Dubuque, IA 52004
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voluntaril y ackn wled g a
, on behalf of Kwik Stop, hereby knowingly and
that:
a) Kwik Stop received the Notice of Hearing regarding the above referenced
case.
b) Kwik Stop 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 waives a public hearing and submits to the statutory penalties
prescribed by law.
d) Kwik Stop 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 Stop has a tobacco permit for 4110 Dodge Street. Violation of the tobacco permit
occurred as follows:
Violation Date
August 11, 2011
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Kwik Stop is subject a three hundred dollar
($300.00) fine. In accordance with Iowa Code §453A.22, Kwik Stop accepts the
following penalty:
• Three hundred dollar ($300.00) fine.
ji/ t/ine7
Name — Please Print
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 Kwik Stop to the City
of Dubuque — City Clerk's Office.
PASSED AND APPROVED this 19th day of December , 2011
Attest:
- a- Ritoi- Mayor -
Lynn Sutton, Mayor Pro -Tem