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Tobacco Compliance_Plaza 20 BP/AmocoACKNOWLEDGMENT /SETTLEMENT AGREEMENT Tobacco Compliance — 1st Violation RE: Plaza 20 BP /Amoco R Future Inc. 2600 Dodge Street 6141 Forest Hills Drive Dubuque, IA 52001 Dubuque, IA 52002 1, /2111( Wl t4 $j j , on behalf of Plaza 20 BP /Amoco, hereby knowingly and voluntarily acknowledge that: a) Plaza 20 BP /Amoco received the notice regarding the above referenced case. b) Plaza 20 BP /Amoco admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Plaza 20 BP /Amoco waives a hearing and submits to the statutory penalties prescribed by law. d) Plaza 20 BP /Amoco understands that this violation will count as an official "First Violation — Tobacco Compliance" of Iowa Code §453A.2, pursuant to Iowa Code §453A.22. Plaza 20 BP /Amoco has a tobacco permit for 2600 Dodge Street. Violation of the tobacco permit occurred as follows: Violation Date Violation Type Violation Number November 13, 2012 Tobacco Violation 1St Violation Under the foregoing Iowa Code provisions, Plaza 20 BP /Amoco is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §453A.22, Plaza 20 BP /Amoco accepts the following penalty: • Three hundred dollar ($300.00) fine. Plaza 20 BP /Amoco Si 9 natur Signature ICe.I�� 17 4 i- 5 hl Name — Please Pri t Name — Please Print Date ib/ //3 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 hearing, the City of Dubuque City Council hereby orders that the foregoing civil penalty has been remitted by Plaza 20 BP /Amoco to the City of Dubuque — Police Department. PASSED AND APPROVED this 4th day of February Roy D. Bt( I, Mayor Attest: ,2013 Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement - Plaza 20 BP /Amoco DATE: January 24, 2013 Dubuque kital All- America City II 111! 2012 Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance Settlement Agreement with Plaza 20 BP /Amoco. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Mark M. Dalsing, Chief of Police THE CITY OF Dui Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Mark M. Dalsing, Chief of Police DATE: January 22, 2013 SUBJECT: Settlement Agreement, Plaza 20 BP/Amoco Dubuque had All-America City ' 11' 2007 INTRODUCTION This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Plaza 20 BP/Amoco. BACKGROUND Plaza 20 BP/Amoco has a tobacco license for its establishment at 2600 Dodge Street in the City of Dubuque. On November 13, 2012 the Dubuque Police Department did a tobacco compliance check and an employee sold tobacco to underage youth compliance monitors. DISCUSSION Plaza 20 BP/Amoco has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. Plaza 20 BP/Amoco has agreed to a $300 fine for a first violation and has submitted payment to the Police Department. 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 Dalsing cc: Crenna Brumwell ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Tobacco Compliance — 1st Violation RE: Plaza 20 BP /Amoco 2600 Dodge Street Dubuque, IA 52001 R Future Inc. 6141 Forest Hills Drive Dubuque, IA 52002 1, k !ii �'l1 c.i_SS�� ��� , on behalf of Plaza 20 BP /Amoco, hereby knowingly and voluntarily acknowledge that: a) Plaza 20 BP /Amoco received the notice regarding the above referenced case. b) Plaza 20 BP /Amoco admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) Plaza 20 BP /Amoco waives a hearing and submits to the statutory penalties prescribed by law. d) Plaza 20 BP /Amoco understands that this violation will count as an official "First Violation — Tobacco Compliance" of Iowa Code §453A.2, pursuant to Iowa Code §453A.22. Plaza 20 BP /Amoco has a tobacco permit for 2600 Dodge Street. Violation of the tobacco permit occurred as follows: Violation Date November 13, 2012 Violation Type Violation Number Tobacco Violation 1st Violation Under the foregoing Iowa Code provisions, Plaza 20 BP /Amoco is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §453A.22, Plaza 20 BP /Amoco accepts the following penalty: • Three hundred dollar ($300.00) fine. Plaza 20 BP /Amoco Signature Signature 43 1/l I4�t�s Name — Please Print Name — Please Print / /// //✓ Date Date NOTE: This must be signed by an individual tobacco permittee, or in the case of another business entity, by individu!al(s) whn have authority to hind the entity. THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby orders that the foregoing civil penalty has been remitted by Plaza 20 BP /Amoco to the City of Dubuque — Police Department. PASSED AND APPROVED this day of , 20 Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk