Tobacco Compliance_Casey's General Store #2421Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement, Casey's General Store #2421
DATE: January 17, 2013
Dubuque
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All- America City
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2012
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Casey's General Store #2421.
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 17, 2013
SUBJECT: Settlement Agreement, Casey's General Store #2421
Dubuque
had
All-America City
' 11'
2007
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Casey's General Store #2421.
BACKGROUND
Casey's General Store #2421 has a tobacco license for its establishment at 4003 Peru Road in the City of Dubuque. On
November 9, 2012 the Dubuque Police Department did a tobacco compliance check and an employee sold tobacco to
underage youth compliance monitors.
DISCUSSION
Casey's General Store #2421 has elected to forego a public hearing and will instead submit to statutory penalties prescribed
by law. Casey's General Store #2421 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: Casey's General Store #2421
4003 Peru Road
Dubuque, IA 52001
Casey's Marketing Co.
PO Box 3001
Ankeny, IA 50021 -8045
1, Cl&(xe, Mak!) , on behalf of Casey's General Store #2421, hereby
knowingly and voluntarily acknowledge that: •
a) Casey's General Store #2421 received the notice regarding the above
referenced case.
b) Casey's General Store #2421 admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Casey's General Store #2421 waives a hearing and submits to the
statutory penalties prescribed by law.
d) Casey's General Store #2421 understands that this violation will count as
an official "First Violation — Tobacco Compliance" of Iowa Code §453A.2,
pursuant to Iowa Code §453A.22.
Casey's General Store #2421 has a tobacco permit for 4003 Peru Road. Violation of the
tobacco permit occurred as follows:
Violation Date Violation Type Violation Number
November 9, 2012 Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Casey's General Store #2421 is subject a
three hundred dollar ($300.00) fine. In accordance with Iowa Code §453A.22, Casey's
General Store #2421 accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Casey's General Store #2421
Signature Signature
CI awe, k . Ma
Name — Please Print
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al'1, Leo G I &IWO
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 hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Casey's General Store
#2421 to the City of Dubuque — Police Department.
PASSED AND APPROVED this 4th day of February
Attest:
,2013 .
_ ,
69
Roy D. Bu , Mayor