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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