Tobacco Compliance — Civil Penalty for Tobacco License Holders_Dubuque Quick Stop Copyright 2014
City of Dubuque Consent Items # 19.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License Holders -
Dubuque Quick Stop Mart
SUMMARY: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance
violation for Dubuque Quick Stop Mart, 1401 Central Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Dubuque Quick Stop Mart 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 - Dubuque Quick Stop Mart
DATE: October 23, 2014
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Dubuque Quick Stop Mart, 1401 Central Avenue.
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, Dubuque Quick Stop Mart
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Dubuque Quick Stop Mart.
BACKGROUND
Dubuque Quick Stop Mart has a tobacco license for its establishment at 1401 Central
Avenue in the City of Dubuque. On June 13, 2014 the Dubuque Police Department did
a tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Dubuque Quick Stop Mart has elected to forego a public hearing and will instead submit
to statutory penalties prescribed by law. Dubuque Quick 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
AcknowledgmentlSettlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance. -1st Violation
RE: Dubuque Quick Stop Mart
1401 Central Avenue
Dubuque, IA 52001
Dubuque Quick Stop Mart LLC
1401 Central Avenue
Dubuque, IA 52001
I, ( #9s6h h , on behalf of Dubuque Quick Stop Mart, hereby
knowingly and voluntarily acknowledge that:
a) Dubuque Quick Stop Mart received the notice regarding the above
referenced case.
b) Dubuque Quick 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) Dubuque Quick Stop Mart waives a hearing and submits to the statutory
penalties prescribed by law.
d) Dubuque Quick Stop Mart 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.
Dubuque Quick Stop Mart has a tobacco permit for 1401 Central Avenue. Violation of
the tobacco permit occurred as follows:
Violation Date
June 13, 2014
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Dubuque Quick Stop Mart is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Dubuque Quick
Stop Mart accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Dubuque Quick Stop Mart
Signature
Signature
Name — Please Print Name — Please Print
k''
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 will be remitted by Dubuque Quick Stop Mart to
the City of Dubuque — Police Department on or before December 30, 2014.
PASSED AND APPROVED this 3rd day of November
Attest:
Kevi irnstahl, C
,2014
Karla A. Braig, Mayor Pro Tem