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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 had 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 knerd All-America City hill! 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. ititil P"'wii 7kaiA, 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 I, 37) I4?'Jfl7(J 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