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
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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