Tobacco Compliance Civil Penalty for Kwik Stop #78 Copyright 2014
City of Dubuque Consent Items # 21.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License
Holder— Kwik Stop #78
SUMMARY: City Manager recommending approval of the
Acknowledge ment/Settlement Agreement for a tobacco
compliance violation for Kwik Stop #78, 4039 Pennsylvania
Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Kwik Stop Tobacco Compliance Agreement-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Agreement Copy Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Kwik Stop#78 Tobacco Compliance Settlement Agreement
DATE: August 4, 2016
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Kwik Stop #78, 4039 Pennsylvania 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
August 3, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Kwik Stop #78
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Kwik Stop #78.
BACKGROUND
Kwik Stop #78 has a tobacco license for its establishment 4039 Pennsylvania Avenue in
the City of Dubuque. On June 28, 2016 the Dubuque Police Department did a tobacco
compliance check and an employee sold tobacco to underage youth compliance
monitors.
Kwik Stop #78 has elected to forego a public hearing and will instead submit to statutory
penalties prescribed by law. Kwik Stop #78 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: Kwik Stop #78
4039 Pennsylvania Avenue
Dubuque, IA 52001
Rainbo Oil Company
PO Box 768
Dubuque, IA 52004-0768
//T/ , on behalf of Kwik Stop #78, hereby knowingly and
voluntarily acknowledge that:
a) Kwik Stop #78 received the notice regarding the above referenced case.
b) Kwik Stop #78 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Kwik Stop #78 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Kwik Stop #78 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 Stop #78 has a tobacco permit for 4039 Pennsylvania Avenue. Violation of the
tobacco permit occurred as follows:
Violation Date
June 28, 2016
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Kwik Stop #78 is subject a three hundred
dollar (S300.00) fine. In accordance with Iowa Code §805.8C, Kwik Stop #78 accepts
the following penalty:
• Three hundred dollar ($300.00) fine.
Kwik Stop #78
/././///7) t_
Si h ture
07:// Re 7776C
Signature
Name — Please Print ' Name — Please Print
'7- r1,
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 Stop #78 to the City of
Dubuque - Police Department.
PASSED AND APPROVED this/5 7day of
Attest:
1.wq/ x , 24/,
,0
Roy D. Buol, 11 yor
K vii-r-Firrtstahl,,-City£-ierk
Trish L. G1eas'gn;, Assistant City Clerk