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Tobacco Compliance Civil Penalty Casey's General Store_Cedar Cross Rd. Copyright 2014 City of Dubuque Consent Items # 36. ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License Holder— Casey's General Store #3473 SUMMARY: City Manager recommending approval of the Acknowledge ment/Settlement Agreement for a tobacco compliance violation for Casey's General Store#3473, 1072 Cedar Cross Road. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Casey's Tobacco Settlement Agreement-MVM Memo City Manager Memo Staff Memo Staff Memo Agreement Copy Staff Memo 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: Tobacco Settlement Agreement— Casey's General Store #3473 DATE: December 8, 2016 Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance Settlement Agreement with Casey's General Store #3473, 1072 Cedar Cross Road. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, 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 November 28, 2016 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Settlement Agreement, Casey's General Store #3473 INTRODUCTION This memo will detail the Tobacco Compliance settlement between the City of Dubuque and Casey's General Store #3473. BACKGROUND Casey's General Store #3473 has a tobacco license for its establishment at 1072 Cedar Cross Road in the City of Dubuque. On September 13, 2016, the Dubuque Police Department did a tobacco compliance check and an employee sold tobacco to underage youth compliance monitors. Casey's General Store #3473 has elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. Casey's General Store #3473 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 #3473 1072 Cedar Cross Road Dubuque, IA 52003 Casey's Marketing Company PO Box 3001 Ankeny, IA 50021 I, RPM . CQ74etb , on behalf of Casey's General Store #3473, hereby knowingly and voluntarily acknowledge that: a) Casey's General Store #3473 received the notice regarding the above referenced case. b) Casey's General Store #3473 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 #3473 waives a hearing and submits to the statutory penalties prescribed by law. d) Casey's General Store #3473 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. Casey's General Store #3473 has a tobacco permit for 1072 Cedar Cross Road. Violation of the tobacco permit occurred as follows: Violation Date September 13, 2016 Violation Type Violation Number Tobacco Violation 1st Violation Under the foregoing Iowa Code provisions, Casey's General Store #3473 is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Casey's General Store #3473 accepts the following penalty: • Three hundred dollar ($300.00) fine. Casey's General Store #3473 nat CSC Signature Name — Please Print Name — Please Print tt\tel ‘LO 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 Casey's General Store #3473 to the City of Dubuque — Police Department. PASSED AND APPROVED this day of Attest: Kevi Firnstahl, Cit Clerk 20. D. Roy D. Buo / Mayor