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Tobacco Compliance Violation_AWN Stop MartTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Settlement Agreement, AWN Stop Mart DATE: March 21, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance Settlement Agreement with AWN Stop Mart, 1998 Jackson Street. I concur with the recommendation and respectfully request Mayor and City Council approval. brilvt4 ., Mic ael 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 DUB TE MEMORANDUM Masterpiece on the Mississippi March 19, 2013 TO: Michael C. Van Milligen City Manager FR: Mark M. Da'sing Chief of Police RE: Settlement Agreement, AWN Stop Mart INTRODUCTION This memo will detail the Tobacco Compliance settlement between the City of Dubuque and AWN Stop Mart. BACKGROUND AWN Stop Mart has a tobacco license for its establishment at 1998 Jackson Street in the City of Dubuque. On November 12, 2013 the Dubuque Police Department did a tobacco compliance check and an employee sold tobacco to underage youth compliance monitors. AWN Stop Mart has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. AWN Stop Mart has agreed to a $300 fine for a first violation and has submitted payment to the Police Department. CONCLUSION & RECOMMENDATION The City Legal Department and the Police Department have reviewed the agreement and concur with the requirements. ACTION REQUESTED City Manager review, City Council approval, and Mayor Buol signature of the attached Acknowledgment/Settlement Agreement. cc: Crenna Brumwell 1 ACKNOWLEDGMENT/SETTLEMENT AGREEMENT Tobacco Compliance —1st Violation RE: AWN Stop Mart 1998 Jackson Street Dubuque, IA 52001 AWN Stop Mart Inc. •1998 Jackson Street Dubuque, IA 52001 1, rA)050-Qn Qqr i?AJ , on behalf of AWN Stop Mart, hereby knowingly and voluntarily acknowledge that: a) AWN Stop Mart received the notice regarding the above referenced case. b) AWN Stop Mart admits that the facts and allegations contained in the Complaint, which is attached hereto and incorporated herein by reference, are true and correct. c) AWN Stop Mart waives a hearing and submits to the statutory penalties prescribed by law. d) AWN Stop Mart understands that this violation will count as an official "First Violation — Tobacco Compliance" of Iowa Code §453A.2, pursuant to Iowa Code §453A.22. AWN Stop Mart has a tobacco permit for 1998 Jackson Street. Violation of the tobacco permit occurred as follows: Violation Date Violation Type Violation Number November 12, 2013 Tobacco Violation 1St Violation Under the foregoing Iowa Code provisions, AWN Stop Mart is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §453A.22, AWN Stop Mart accepts the following penalty: Three hundred dollar ($300.00) fine. AWN Stop Mart Signature Signature INPse.e SE -.2-'3 14 Name — Please Print Name -- Please Print ;,// /fL1 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 orders that the foregoing civil penalty has been remitted by AWN of Dubuque — Police Department. PASSED AND APPROVED this 7 day of Attest: City Council hereby Stop Mart to the City , 20 // Roy D. B , Mayor