Tobacco Compliance_Kwik StopMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Kwik Stop
DATE: February 7, 2013
Dubuque
kital
All- America City
II 111!
2012
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.
/),2t
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: February 11, 2013
SUBJECT: Settlement Agreement, Kwik Stop
Dubuque
had
All-America City
' 11'
2007
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Kwik Stop.
BACKGROUND
Kwik Stop has a tobacco license for its establishment at 4110 Dodge Street in the City of Dubuque. On August 11, 2011 and
November 13, 2012 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 thirty (30) day suspension for a second violation and has submitted their signed agreement to the Police
Department. The suspension dates are detailed in the attached settlement agreement.
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 — '2"d Violation
RE: Kwik Stop
4110 Dodge Street
Dubuque, IA 52002
Rainbo Oil Company
2255 Kerper Blvd.
Dubuque, IA 52001
voluntarily acknowledge that:
a) Kwik Stop received the notice 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.
, on behalf of Kwik Stop, hereby knowingly and
c) Kwik Stop waives a hearing and submits to the statutory penalties
prescribed by law.
d) Kwik Stop understands that this penalty will count as an off icial "Second
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
November 13, 2012
Violation Type
Tobacco Violation
Tobacco Violation
Violation Number
1st Violation
2nd Violation
Under the foregoing Iowa Code provisions, Kwik Stop is subject to the following:
1) A one thousand five hundred dollar ($1,500) fine
OR
2) A thirty (30) day suspension of the tobacco permit.
In accordance with Iowa Code §453A.22, Kwik Stop chooses the following penalty:
❑ One thousand five hundred dollar ($1,500.00) fine
Thirty (30) day tobacco permit suspension
The suspension of the tobacco permit must be served as follows:
Tuesday, February 19, 2013 through and including Thursday, March 21, 2013
Total: Thirty (30) days
Kwik Sto
Sig
re
Signature
Name — Please Print Name — Please Print
.?/Date 'l
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 suspension of the tobacco permit be served as outlined.
1 PASSED AND APPROVED this / ' day of. /i , 20/Y.
Attest:
Kevi s Firnstahl, Ci
y
Cler
Roy D. B
D/ p
I, Mayor