Tobacco Compliance Violation_Casey's General Store #2421 Copyright 2014
City of Dubuque Consent Items # 18.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License
Holder— Casey's General Store #2421
SUMMARY: City Manager recommending approval of the
Acknowledge ment/Settlement Agreement for a tobacco
compliance violation for Casey's General Store#2421,
4003 Peru Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Casey's#2421 Tobacco Compliance Agreement-MVM City Manager Memo
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: Tobacco Compliance Settlement Agreement, Casey's General Store
#2421
DATE: January 25, 2016
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Casey's General Store, #2421, 4003 Peru Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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
January 22, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Casey's General Store #2421
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Casey's General Store #2421.
BACKGROUND
Casey's General Store #2421 has a tobacco license for its establishment at 4003 Peru
Road in the City of Dubuque. On November 20, 2015 the Dubuque Police Department
did a tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Casey's General Store #2421 has elected to forego a public hearing and will instead
submit to statutory penalties prescribed by law. Casey's General Store #2421 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: Casey's General Store #2421
4003 Peru Road
Dubuque, IA 52001
Casey's Marketing
PO Box 3001
Ankeny, IA 50021-8045
t
1, C.o: - , (Ylc-u-ko,y) on behalf of Casey's General Store #2421, hereby
knowingly and voluntarily acknowledge that:
a) Casey's General Store #2421 received the notice regarding the above
referenced case.
b) Casey's General Store #2421 admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Casey's General Store #2421 waives a hearing and submits to the
statutory penalties prescribed by law.
d) Casey's General Store #2421 understands that this violation will count as
an official "First 'Violation — Tobacco Compliance" of City of Dubuque Code
Ordinances Section 7-5A-15, pursuant to Iowa Code §805.8C.
Casey's General Store #2421 has a tobacco permit for 4003 Peru Road. Violation of the
tobacco permit occurred as follows:
Violation Date Violation Type Violation Number
November 20, 2015 Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Casey's General Store #2421 is subject a
three hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Casey's
General Store #2421 accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Casey's General Store #2421
Signature
Name — Please Print
1RIWO
Date
-ard
Cuu SC -=.2
Signature
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 Casey's General Store
#2421 to the City of Dubuque — Police Department.
PASSED AND APPROVED this 1st day of February , 20 16 .
_ f.. C
Roy D:/BuoiMayor'
Attest:
Kevin ;i