Tobacco Compliance Violation_Wayne's Convenience StoreTHE 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, Wayne's Convenience Store
DATE: March 21, 2014
Dubuque
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2007 • 2012 • 2013
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Wayne's Convenience Store, 1965 Central Avenue.
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 21, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Da'sing
Chief of Police
RE: Settlement Agreement, Wayne's Convenience Store
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Wayne's Convenience Store.
BACKGROUND
Wayne's Convenience Store has a tobacco license for its establishment at 1965 Central
Avenue in the City of Dubuque. On January 24, 2014 the Dubuque Police Department
did a tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Wayne's Convenience Store has elected to forego a public hearing and will instead
submit to statutory penalties prescribed by law. Wayne's Convenience Store 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: Wayne's Convenience Store
1965 Central Avenue
Dubuque, IA 52001
Dwayn Howard
1965 Central Avenue
Dubuque, IA 52001
I, f',, c d �� �Ciktve , on behalf of Wayne's Convenience Store, hereby
knowingly and voluntarily ackno ledge that:
a) Wayne's Convenience Store received the notice regarding the above
referenced case.
b) Wayne's Convenience Store admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Wayne's Convenience Store waives a hearing and submits to the statutory
penalties prescribed by law.
d) Wayne's Convenience Store understands that this violation will count as
an official "First Violation — Tobacco Compliance" of Iowa Code §453A.2,
pursuant to Iowa Code §453A.22.
Wayne's Convenience Store has a tobacco permit for 1965 Central Avenue. Violation of
the tobacco permit occurred as follows:
Violation Date Violation Type Violation Number
January 24, 2014 Tobacco Violation 1St Violation
Under the foregoing Iowa Code provisions, Wayne's Convenience Store is subject a
three hundred dollar ($300.00) fine. In accordance with Iowa Code §453A22, Wayne's
Convenience Store accepts the following penalty:
® Three hundred dollar ($300.00) fine.
Wayne's Convenience Store
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Signature
Name — Please Print
Date
Signa ure
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Name — Please Print.
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 has been remitted by Wayne's Convenience Store
to the City of Dubuque — Police Department.
PASSED AND APPROVED this day of
Roy D. BMayor
Attest;
Kevi trnstahi, •ity