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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 kital All- America City II 111! 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 -q -13 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