Tobacco Compliance — Civil Penalty for Tobacco License Holder_AWN Stop Mart Copyright 2014
City of Dubuque Consent Items # 15.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License Holders — AWN
Stop Mart
SUMMARY: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance
violation for AWN Stop Mart, 1998 Jackson Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ AWN Stop Mart Inc Tobacco Compliance Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Copy Staff Memo
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement - AWN Stop Mart, Inc.
DATE: October 23, 2014
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with AWN Stop Mart, Inc., 1998 Jackson Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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 E MEMORANDUM
Masterpiece on the Mississippi
October 22, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, AWN Stop Mart, Inc.
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and AWN Stop Mart, Inc..
BACKGROUND
AWN Stop Mart, Inc. has a tobacco license for its establishment at 1998 Jackson Street
in the City of Dubuque. On November 12, 2013 and May 9, 2014 the Dubuque Police
Department did a tobacco compliance check and an employee sold tobacco to
underage youth compliance monitors.
AWN Stop Mart, Inc. has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. AWN Stop Mart, Inc. has chosen a One thousand
five hundred dollar ($1 ,500) fine for a second violation and has submitted their signed
agreement 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
AcknowledgmentlSettlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — 2nd Violation
RE: AWN Stop Mart
1998 Jackson Street
Dubuque, IA 52001
AWN Stop Mart, Inc.
1998 Jackson Street
Dubuque, IA 52001
I, \AIs - ICIU �, 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
"Second Violation — Tobacco Compliance" of City of Dubuque Code of
Ordinances Section 7-5A-15, pursuant to Iowa Code §805.8C.
AWN Stop Mart has a tobacco permit for 1998 Jackson Street. Violation of the tobacco
permit occurred as follows:
Violation Date
November 12, 2013
May 9, 2014
Violation Type
Tobacco Violation
Tobacco Violation
Violation Number
1St Violation
2nd Violation
Under the foregoing Iowa Code provisions, AWN Stop Mart is subject to the following:
1) A one thousand five hundred dollar ($1,500) fine
OR
2) A thirty (30) day suspension of the tobacco permit.
In accordance with Iowa Code §805.8C, AWN Stop Mart chooses one of the following
penalties:
One thousand five hundred dollar ($1,500) fine
❑ Thirty (30) day tobacco permit suspension
AWN Stop Mart
Signature
(kJfSeeInn Oki
Name — Please Print
{� 22 -i4 -
Signature
Name — Please Print
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 AWN Stop Mart to the City
of Dubuque — Police Department on or before December 30, 2014.
PASSED AND APPROVED this 3rd day of November
Attest:
Kevin Firnstahl, City C
,2014
Rei Y or
Karla A. Braig, Mayor Pro Tem