Tobacco Compliance_Clark PetroleumMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Clark Petroleum
DATE: February 7, 2013
Dubuque
kital
All- America City
II h/
2012
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Clark Petoleum, 700 Rhomberg Avenue.
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: February 21, 2013
SUBJECT: Settlement Agreement, Clark Petroleum
Dubuque
had
All- America City
' I I'
2007
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Clark Petroleum.
BACKGROUND
Clark Petroleum has a tobacco license for its establishment at 700 Rhomberg Avenue 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
Clark Petroleum has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. Clark
Petroleum 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: Clark Petroleum
700 Rhomberg Avenue
Dubuque, IA 52001
Clark Petroleum Inc.
700 Rhomberg Avenue
Dubuque, IA 52001
1, 0 E FA tea p.`. , on behalf of Clark Petroleum, hereby knowingly and
voluntarily acknowledge that:
a) Clark Petroleum received the notice regarding the above referenced case.
b) Clark Petroleum admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Clark Petroleum waives a hearing and submits to the statutory penalties
prescribed by law.
d) Clark Petroleum understands that this violation will count as an official
"First Violation — Tobacco Compliance" of Iowa Code §453A.2, pursuant to Iowa
Code §453A.22.
Clark Petroleum has a tobacco permit for 700 Rhomberg Avenue. 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, Clark Petroleum is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §453A.22, Clark Petroleum accepts
the following penalty:
• Three hundred dollar ($300.00) fine.
Clark Petroleum
Signature
Name — Please Print
Signature
Name — Please Print
01 /o6/ 12
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 must be remitted by Clark Petroleum on or before
Thursday, February 28, 2013 to the City of Dubuque — Police Department.
Attest:
Kevi
PASSED AND APPROVED this 4th day of March
Firnstahl, ity erk
,2013
fioy- B43uel7
Kevin J. Lynch, Mayor Pro Tem