Tobacco Compliance Civil Penalty_Kwik Stop #848 Copyright 2014
City of Dubuque Consent Items # 24.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License
Holder— Kwik Stop #848
SUMMARY: City Manager recommending approval of the
Acknowledge ment/Settlement Agreement for a tobacco
compliance violation for Kwik Stop #848, 3201 Central
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 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— Kwik Stop #848
DATE: December 27, 2016
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Kwik Stop #848, 3201 Central Avenue.
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
December 27, 2016
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Kwik Stop #848
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Kwik Stop #848.
BACKGROUND
Kwik Stop #848 has a tobacco license for its establishment 3201 Central Avenue in the
City of Dubuque. On October 25, 2016, the Dubuque Police Department did a tobacco
compliance check and an employee sold tobacco to underage youth compliance
monitors.
Kwik Stop #848 has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Kwik Stop #848 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 — lst Violation
RE: Kwik Stop #848
3201 Central Avenue
Dubuque, IA 52001
I, t 9)E\NAER
voluntarily acknowledge that:
Rainbo Oil Company
PO Box 768
Dubuque, IA 52004
, on behalf of Kwik Stop #848, hereby knowingly and
a) Kwik Stop #848 received the notice regarding the above referenced case.
b) Kwik Stop #848 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 #848 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Kwik Stop #848 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 #848 has a tobacco permit for 3201 Central Avenue. Violation of the tobacco
permit occurred as follows:
Violation Date
October 25, 2016
Violation Type Violation Number
Tobacco Violation ist Violation
Under the foregoing Iowa Code provisions, Kwik Stop #848 is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Kwik Stop #848 accepts
the following penalty:
• Three hundred dollar (
Kwik Stop #848
Name — Please Print
300.00) fine.
Signature
Name — Please Print
/07
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 #848 to the City
of Dubuque — Police Department.
PASSED AND APPROVED this 3rd day of January
GO,
Roy D. B I, Mayor
Attest:
—Kuviit i;, City C6ik
Trish L. Gleason, Asst. City Clerk
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