Settlement Agreement, Pioneers Rest StopCopyrighted
June 20, 2023
City of Dubuque Consent Items # 022.
City Council Meeting
ITEM TITLE: Settlement Agreement, Pioneers Rest Stop
SUMMARY: City Manager recommending City Council approval of the Tobacco
Compliance Settlement Agreement with Pioneer's Rest Stop, 4900 Old
Highway Road.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Pioneer's Rest Stop 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, Pioneers Rest Stop
DATE: June 13, 2023
Dubuque
WAWca 914
ii
2007-2012.2013
2017*2019
Chief of Police Jeremy Jensen is recommending City Council approval of the Tobacco
Compliance Settlement Agreement with Pioneer's Rest Stop, 4900 Old Highway Road.
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
Dubuque
Police Department
THE CITY OF
Dubuque Law Enforcement center
All-Ame�iraCitY
DUB�
770 Iowa 8Street
P.O. Box 875
75
'
Dubuque,lA 52004-0875
Masterpiece art the Mississippi
Office (563) 589-4410
Fax (563) 589-4497
zoos • zoiz •zaxs
TTY (563) 583-1711
E-mai5: 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, Pioneer's Rest Stop.
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Pioneer's Rest Stop.
BACKGROUND
Pioneer's Rest Stop. has a tobacco license for its establishment at 4900 Old Highway
Road in the city of Dubuque. On April 14, 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.
Pioneer's Rest Stop, has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Pioneer's Rest Stop. 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 — I" Violation
RE: Pioneer's Rest Stop
4900 Old Highway Road
Dubuque, IA 52002
Pioneers Rest Stop, LLC
4900 Old Highway Road
Dubuque, IA 52002
I, Q —eo/, on behalf of Pioneer's Rest Stop, hereby knowingly
and voluntarily acknowledge that:
a) Pioneer's Rest Stop received the notice regarding the above referenced
case.
b) Pioneer's Rest Stop admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Pioneer's Rest Stop waives a hearing and submits to the statutory
penalties prescribed by law.
d) Pioneer's Rest Stop 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.
Pioneer's Rest Stop has a tobacco permit for 4900 Old Highway Road. Violation of the
tobacco permit occurred as follows:
Violation Date Violation Type Violation Number
April 14, 2023 Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Pioneer's Rest Stop is subject a three
hundred dollar ($300.00) fine. in accordance with Iowa Code §805.8C, Pioneer's Rest
Stop accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Pioneer's Rest Stop
Sidpatkre
6L (Sc-
Name — Please Print
(aII/iUz3
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 Pioneer's Rest Stop to the
City of Dubuque — Police Department,
PASSED AND APPROVED this 0' day of J U(I, 20,�3
Brad C nagh, Mayor
Attest;
Adrienne Breitfelder, City Clerk