Tobacco Compliance_Dubuque Quick Stop MartMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - Dubuque Quick Stop Mart
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 Dubuque Quick Stop Mart, 1401 Central 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, Dubuque Quick Stop Mart
Dubuque
had
All- America City
' I I'
2007
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Dubuque Quick Stop Mart.
BACKGROUND
Dubuque Quick Stop Mart has a tobacco license for its establishment at 1401 Central Avenue in the City of Dubuque. On
March 20, 2012 the Dubuque Police Department did a tobacco compliance check and an employee sold tobacco to
underage youth compliance monitors.
DISCUSSION
Dubuque Quick Stop Mart has elected to forego a public hearing and will instead submit to statutory penalties prescribed by
law. Dubuque Quick Stop Mart 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: Dubuque Quick Stop Mart LLC
1401 Central Avenue
Dubuque, IA 52001
Bushra Waseem
7205 N Badger Road
East Dubuque, IL 61025
I, \5-M $ •—IA/� on behalf of Dubuque Quick Stop Mart LLC, hereby
knowingly and voluntarily acknowledge that:
a) Dubuque Quick Stop Mart LLC received the Notice of Hearing regarding
the above referenced case.
b) Dubuque Quick Stop Mart LLC admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Dubuque Quick Stop Mart LLC waives a public hearing and submits to the
statutory penalties prescribed by law.
d) Dubuque Quick Stop Mart LLC understands that this violation will count as
an official "First Violation — Tobacco Compliance" of Iowa Code' §453A.2,
pursuant to Iowa Code §453A.22.
Dubuque Quick Stop Mart LLC has a tobacco permit for 1401 Central Avenue. Violation
of the tobacco permit occurred as follows:
Violation Date Violation Type Violation Number
March 20, 2012 Tobacco Violation lSt Violation
Under the foregoing Iowa Code provisions, Dubuque Quick Stop Mart LLC is subject a
three hundred dollar ($300.00) fine. In accordance with Iowa Code §453A.22, Dubuque
Quick Stop Mart LLC accepts the following penalty:
9 Three hundred dollar ($300.00) fine,
Dubuque Quick Stop Mart LLC
t c6 -
Signature
Y\I l\A Sa—LAW
Signature
Name — Please Print Name — Please Print
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Date t 15
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 public hearing, the City of Dubuque City Council
hereby orders that the foregoing civil penalty has been remitted by Dubuque Quick Stop
Mart LLC to the City of Dubuque -- Police Department.
PASSED AND APPROVED this 4th day of March
(:)04„,
yor
Kevin J. Lynch, Mayor Pro Tem
,2013