Settlement Agreement, EZ Stop 1Copyrighted
June 20, 2023
City of Dubuque Consent Items # 020.
City Council Meeting
ITEM TITLE: Settlement Agreement, EZ Stop 1
SUMMARY: City Manager recommending City Council approval of a Tobacco
Compliance Settlement Agreement with EZ Stop 1, 1101 Rhomberg
Avenue.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
EZ Stop 1 Settlement Agreement Staff Memo
THE C
DUjIBQTE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement, EZ Stop 1
DATE: June 13, 2023
Dubuque
WAWca 914
ii
2007-2012.2013
2017*2019
Chief of Police Jeremy Jensen is recommending City Council approval of a Tobacco
Compliance Settlement Agreement with EZ Stop 1, 1101 Rhomberg Avenue.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jeremy Jensen, Chief of Police
DU
THE CtU�B�
Police Department
Dubuque Law Enforcement Center
AIA
All -America City
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770 Iowa Street
P.O. Box 875
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1
Dubuque,lA 52004-0875
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Masterpiece on the Mississippi
Office (563) 589-4410
Fax (563) 589-4497
zom • 2012.2013
TTY (563) 583-1711
E-mail: police@cityofdubuque.org
www.cityofdubuque.org
June 5, 2023
To: Michael C Van Milligan
City Manager
Fr: Jeremy Jensen
Chief of Police
Re: Settlement Agreement, EZ Stop 1.
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and EZ Stop 1.
BACKGROUND
EZ Stop 1 has a tobacco license for its establishment at 1101 Rhomberg Avenue in the
city of Dubuque. On April 28, 2023, the Dubuque Police Department did a tobacco
compliance check and an employee sold nicotine -based cigarette product, which is
governed under Iowa's tobacco laws, to underage youth compliance monitors.
EZ Stop 1 has elected to forego a public hearing and will instead submit to statutory
penalties prescribed by law. EZ Stop 1 had 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 Cavanagh signature of the
attached Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — 1st Violation
RE: EZ Stop 1 Zach Enterprice LLC
1101 Rhomberg Avenue 3622 Deersprings Drive
Dubuque, IA 52001 Bettendorf, IA 52722
I, M4qt %--`tb�mOC) , on behalf of EZ Stop 1, hereby knowingly and
voluntarily acknowledge that:
a) EZ Stop 1 received the notice regarding the above referenced case.
b) EZ Stop 1 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) EZ Stop 1 waives a hearing and submits to the statutory penalties
prescribed by law.
d) EZ Stop 1 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.
EZ Stop 1 has a tobacco permit for 1101 Rhomberg Avenue. Violation of the tobacco
permit occurred as follows:
Violation Date Violation Type Violation Number
April 28, 2023 Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, EZ Stop 1 is subject a three hundred dollar
($300.00) fine. In accordance with Iowa Code §805.8C, EZ Stop 1 accepts the following
penalty:
Three hundred dollar ($300.00) fine.
EZ Stop 1
Signature
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Name — Please Print
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Date
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 EZ Stop 1 to the City of
Dubuque — Police Department.
PASSED AND APPROVED this day of t unf , 20a3 .
Brad anagh, Mayor
Attest:
Adrienne Breitfelder, City Clerk