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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 band AI -America City r 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 fl fb Lac Signature Name — Please Print Date Signa ure �X mawy3c (\ 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