Tobacco Compliance Violation_Kwik Star #495THE 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 - Kwik Star #495
DATE: April 11, 2014
Dubuque
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2007 • 2012 • 2013
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Kwik Star #495, 2685 Dodge 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
April 1, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Da'sing
Chief of Police
RE: Settlement Agreement, Kwik Star #495
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Kwik Star #495.
BACKGROUND
Kwik Star #495 has a tobacco license for its establishment at 2685 Dodge Street in the
City of Dubuque. On March 18, 2014 the Dubuque Police Department did a tobacco
compliance check and an employee sold tobacco to underage youth compliance
monitors.
Kwik Star #495 has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Kwik Star #495 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: Kwik Star #495
2685 Dodge Street
Dubuque, IA 52003
Kwik Trip, Inc.
1626 Oak Street
LaCrosse, WI 54602
I,
Donald P. Z l et r ow , on behalf of Kwik Star #495, hereby knowingly and
voluntarily acknowledge that:
a) Kwik Star #495 received the notice regarding the above referenced case.
b) Kwik Star #495 adrnits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Kwik Star #495 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Kwik Star #495 understands that this violation will count as an official
"First Violation — Tobacco Compliance" of City of Dubuque Code of Ordinances
Section 7-5A-15, pursuant to Iowa Code §805,8C.
Kwik Star #495 has a tobacco permit for 2685 Dodge Street. Violation of the tobacco
permit occurred as follows:
Violation Date
March 18, 2014
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Kwik Star #495 is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Kwik Star #495 accepts
the following penalty:
a Three hundred dollar ($300.00) fine.
Kwik Star #495
Signature
Donald P. Zietlow
Signature
Name — Please Print Name — Please Print
March 25, 2014
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 City Council hereby
orders that the foregoing civil penalty has been remitted by Kwik Star #495 to the City of
Dubuque - Police Department.
PASSED AND APPROVED this day of 0`
Attest:
#
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Kevin ' irnstahl, City Cle
Roy D. Bail, Mayor