Settlement Agreement, Liquor Tobacco and GroceryCity of Dubuque
City Council Meeting
Consent Items # 017.
Copyrighted
July 17, 2023
ITEM TITLE: Settlement Agreement, Liquor Tobacco and Grocery
SUMMARY: City Manager recommending City Council approval of the Tobacco
Compliance Settlement Agreement with Settlement Agreement, Liquor
Tobacco and Grocery, 1998 Jackson Street.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Liquor Tobacco & Grocery 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, Liquor Tobacco and Grocery
DATE: July 12, 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 Liquor Tobacco and Grocery, 1998 Jackson
Street.
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
July 12, 2023
To: Michael C Van Milligan
City Manager
Fr: Jeremy Jensen
Chief of Police
Re: Settlement Agreement, Liquor Tobacco & Grocery.
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Liquor Tobacco & Grocery.
BACKGROUND
Liquor Tobacco & Grocery. has a tobacco license for its establishment at 1998 Jackson
St in the city of Dubuque. On April 28, 2023, the Dubuque Police Department did a
tobacco compliance check and an employee sold nicotine -based chewing tobacco
product, which is governed under Iowa's tobacco laws, to underage youth compliance
monitors.
Liquor Tobacco & Grocery. has elected to forego a public hearing and will instead
submit to statutory penalties prescribed by law. Liquor Tobacco & Grocery. 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 — ls' Violation
RE: Liquor Tobacco and Grocery Gumti Inc.
1998 Jackson Street 1998 Jackson Street
Dubuque, IA 52001 Dubuque, IA 52001
I, 'Abcw %/C �. on behalf of Liquor Tobacco and Grocery, hereby
knowingly and voluntarily acknowledge that:
a) Liquor Tobacco and Grocery received the notice regarding the above
referenced case.
b) Liquor Tobacco and Grocery admits that the facts and allegations
contained in the Complaint, which is attached hereto and incorporated herein by
reference, are true and correct.
c) Liquor Tobacco and Grocery waives a hearing and submits to the
statutory penalties prescribed by law.
d) Liquor Tobacco and Grocery 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.
Liquor Tobacco and Grocery has a tobacco permit for 1998 Jackson Street. Violation of
the tobacco permit occurred as follows:
Violation Date _Violation Type
April 28, 2023 Tobacco Violation
Violation Number
1 st Violation
Under the foregoing Iowa Code provisions, Liquor Tobacco and Grocery is subject a
three hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Liquor
Tobacco and Grocery accepts the following penalty:
• Three hundred dollar ($300.00) fine.
Liquor Tobacco and Grocer
Signature
Name — Please Print
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 Liquor Tobacco and Grocery
to the City of Dubuque — Police Department.
PASSED AND APPROVED this V7 day of U ) , 20,-�3
rad Ca gh, Mayor
Attest:
Adrienne Breitfelder, City Cleric