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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 ,20 17