Settlement Agreement, Fas Mart #5159Copyrighted
July 17, 2023
City of Dubuque Consent Items # 015.
City Council Meeting
ITEM TITLE: Settlement Agreement, Fas Mart#5159
SUMMARY: City Manager recommending City Council approval of the Tobacco
Compliance Settlement Agreement with Fas Mart #5159, 2175 Central
Avenue.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Fas Mart #5159 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, Fas Mart #5159.
DATE: July 10, 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 Fas Mart #5159, 2175 Central 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
I I
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 21, 2023
To: Michael C Van Milligan
City Manager
Fr: Jeremy Jensen
Chief of Police
Re: Settlement Agreement, Fas Mart #5159.
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Fas Mart #5159.
BACKGROUND
Fas Mart #5159. has a tobacco license for its establishment at 2175 Central 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.
Fas Mart #5159. has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Fas Mart #5159. 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
ACKNOWLEDGMENTISETTLEMENT AGREEMENT
Tobacco Compliance — 15t Violation
RE: Fas Mart #5159
2175 Central Avenue
Dubuque, IA 52001
GPM Midwest, LLC
8565 Magellan Pkwy, Ste 400
Richmond, VA 23227
Don BasseU , on behalf of Fas Mart #5159, hereby knowingly and
voluntarily acknowledge that. -
a) Fas Mart #5159 received the notice regarding the above referenced case.
b) Fas Mart #5159 admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Fas Mart #5159 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Fas Mart #5159 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.
Fas Mart #5159 has a tobacco permit for 2175 Central Avenue. Violation of the tobacco
permit occurred as follows:
Violation Date Violation_Type Violation Number
April 28, 2023 Tobacco Violation 151 Violation
Under the foregoing Iowa Code provisions, Fas Mart #5159 is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Fas Mart #5159 accepts
the following penalty:
• Three hundred dollar ($300.00) fine.
Fas Mart #5159
440A
Signature Signature
Don Basset[
Name — Please Print
6-8-23
Date
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 Fas Mart #5159 to the City
of Dubuque -- Police Department.
PASSED AND APPROVED this E- day of U 20,-;)3 .
mac— : �• _tt .•Mayor
Attest:
LIj/✓nL
Adrienne Breitfelder, City Clerk