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Tobacco Compliance Civil Penalty for Tobacco License Holders; Big Ten Mart, Big Ten Mart #12, Dollar General #6896, Dubuque #3 Hy-Vee, Family Dollar #21599, Hartig Drug #3, Kwik Stop #72, Kwik Stop #86, Midwest Vapors, and Moondog Music Copyrighted August 7, 2023 City of Dubuque Consent Items # 027. City Council Meeting ITEM TITLE: Tobacco Compliance Civil PenaltyforTobacco License Holders; Big Ten Mart, Big Ten Mart#12, Dollar General #6896, Dubuque #3 Hy-Vee, Family Dollar#21599, Hartig Drug #3, Kwik Stop #72, Kwik Stop #86, Midwest Vapors, and Moondog Music SUM MARY: City Manager recommending City Council approval and Mayor signature on the following Tobacco Compliance Settlement agreements between the City of Dubuque and the following retailers: Big Ten Mart, 1875 John F Kennedy Rd.; Big Ten Mart#12, 405 Rhomberg Ave.; Dollar General #6896, 605 W. Locust St.; Dubuque #3 Hy-Vee, 400 S. Locust St..; Family Dollar#21599, 2013 Central Ave. #4; Hartig Drug #3, 2255 John F. Kennedy Rd.; Kwik Stop #72, 2255 Kerper Blvd.; Kwik Stop #86, 2150 Twin Valley Dr.; Midwest Vapors, 2600 Dodge St. Suite B4; Moondog Music, 806 Wacker Dr. #120. SUGGESTED Suggested Disposition: Receive and File;Approve DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Tobacco Compliance Settlement Agreement Staff Memo Dubuque THE CITY QF � All-Meriea Ciry DLT B E ; . � . � �� � � MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3 YP pp za��*zai� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Tobacco Compliance Settlement Agreements DATE: August 2, 2023 Chief of Police Jeremy Jensen is recommending City Council approval and Mayor signature on the following Tobacco Compliance Settlement agreements between the City of Dubuque and the following retailers: Retailer Address Violation Date Bi Ten #10 1875 John F Kenned Rd 06/01/2023 Big Ten #12 405 Rhomberg Ave. 06/08/2023 Dollar General #6896 605 W. Locust St. 05/25/2023 Dubuque #3 Hy-Vee 400 S. Locust St. 05/25/2023 Famil Dollar#21599 2013 Central Ave. #4 05/25/2023 Harti Drug #3 2255 John F. Kennedy Rd. 06/01/2023 Kwik Stop #72 2255 Kerper Blvd. 06/08/2023 Kwik Stop #86 2150 Twin Valle Dr. 06/01/2023 Midwest Vapors 2600 Dodge St. Suite B4 06/15/2023 Moondog Music 806 Wacker Dr. #120 06/29/2023 The Retailers have elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. They have agreed to a $300 fine for a first violation and have submitted payment to the Police Department. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mich el C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jeremy Jensen, Chief of Police TxE CITY pF Du� Police Department Dubuque Law Enforcement Center DT TT � 770 lowa Street u i All-AmencaCity P.O.Box 875 1 ' Dubuque, lA 52004-0875 Masterpieceon theMississippi , FOafxc(563)89-449710 zoo�•zoiz•zms TTY(563)583-1711 E-mail: police@cityofdubuque.org www.cityofdubuque.org July 31, 2023 To: Michael C Van Milligen City Manager Fr: Jeremy Jensen Chief of Police Re: Tobacco Compliance Settlement Agreements INTRODUCTION This memo will detail the Tobacco Compliance settlement between the City of Dubuque and the following retailers: Retailer Address Violation Date Big Ten #10 1875 John F Kennedy Rd. 06/01/2023 Big Ten #12 405 Rhomberg Ave. 06/08/2023 Dollar General #6896 605 W. Locust St. 05/25/2023 Dubuque #3 Hy-Vee 400 S. Locust St. 05/25/2023 Family Dollar#21599 2013 Central Ave. #4 05/25/2023 Hartig Drug #3 2255 John F. Kennedy Rd. 06/01/2023 Kwik Stop #72 2255 Kerper Blvd. 06/08/2023 Kwik Stop #86 2150 Twin Valley Dr. 06/01/2023 Midwest Vapors 2600 Dodge St. Suite B4 06/15/2023 Moondog Music 806 Wacker Dr. #120 06/29/2023 BACKGROUND The Retailers have a tobacco license for their establishment in the city of Dubuque. The Dubuque Police Department conducted a tobacco compliance check and an employee sold nicotine-based tobacco products, which is governed under lowa's tobacco laws, to underage youth compliance monitors. The Retailers have elected to forego a public hearing and will instead submit to statutory penalties prescribed by law. They have agreed to a $300 fine for a first violation and have 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 - Vt Violation • RE: Big 10 Mart #10 Mob Oil Co. 1875 John F. Kennedy Rd. 123 Southern Ave. Dubuque, IA 52001 Dubuque, IA 52004-1540 I, WQINAKI �((-\S�°tler- , on behalf of Big 10 Mart #10, hereby knowingly and voluntarily acknowledge that: a) Big 10 Mart #10 received the notice regarding the above referenced case. b) Big 10 Mart #10 admits that the facts and allegations are true and correct. c) Big 10 Mart #10 waives a hearing and submits to the statutory penalties prescribed by law. d) Big 10 Mart #10 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. Big 10 Mart #10 has a tobacco permit for 1875 John F. Kennedy Rd. Violation of the tobacco permit occurred as follows: Violation Date Violation Type Violation Number 06/01/2023 Tobacco Violation 1st Violation Under the foregoing Iowa Code provisions, Big 10 Mart #10 is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Big 10 Mart #10 accepts the following penalty: • Three hundred dollar ($300.00) fine. Biq 10 Mart#10 Signatur Signature Name — Please Print Name — Please Print 1 . 11 .23 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 Big 10 Mart #10 to the City of Dubuque — Police Department. PASSED AND APPROVED this day of A,,st,I,5-F , 20 c33. Brad M. Cavar _ Mayor Attest: , • rk Trish L. Gleason, Assistant City Clerk ACKNOWLEDGMENT/SETTLEMENT AGREEMENT Tobacco Compliance — 1st Violation • RE: Big 10 Mart #12 : Molo Oil Company 405 Rhomberg Ave. 123 Southern Ave. Dubuque, IA 52001 : Dubuque, IA 52003 I, slae 4r- , on behalf of Big 10 Mart #12, hereby knowingly and voluntarily acknowledge that: a) Big 10 Mart #12 received the notice regarding the above referenced case. b) Big 10 Mart #12 admits that the facts and allegations are true and correct. c) Big 10 Mart #12 waives a hearing and submits to the statutory penalties prescribed by law. d) Big 10 Mart #12 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. Big 10 Mart #12 has a tobacco permit for 405 Rhomberg Ave. Violation of the tobacco permit occurred as follows: Violation Date Violation Type Violation Number 06/08/2023 Tobacco Violation 1st Violation Under the foregoing Iowa Code provisions, Big 10 Mart #12 is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Big 10 Mart #12 accepts the following penalty: • Three hundred dollar ($300.00) fine. Biq 10 Mart#12 • Lth/t6 Signature Signature tiL1 CinsWe'l Name— Please Print Name— Please Print 1 -11 — Z3 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 Big 10 Mart #12 to the City of Dubuque — Police Department. PASSED AND APPROVED this 7day of At-cS C.uS� , 20 a3 Brad M. Caval-:-M or Attest: Trish L. Gleason, Assistant City Clerk ACKNOWLEDGMENT/SETTLEMENT AGREEMENT Tobacco Compliance — 1st Violation • RE: Dollar General Store #6896 • Dolgencorp, LLC 605 West Locust St. 100 Mission Ridge Dubuque, IA 52001-4370 • Goodlettsville, TN 37072 • Aaron Richey I, , on behalf of Dollar General Store #6896, hereby knowingly and voluntarily acknowledge that: a) Dollar General Store #6896 received the notice regarding the above referenced case. b) Dollar General Store #6896 admits that the facts and allegations are true and correct. c) Dollar General Store #6896 waives a hearing and submits to the statutory penalties prescribed by law, d) Dollar General Store #6896 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. Dollar General Store #6896 has a tobacco permit for 605 West Locust St. Violation of the tobacco permit occurred as follows: Violation Date Violation Tvoe Violation Number 05/25/2023 Tobacco Violation 1 St Violation Under the foregoing Iowa Code provisions, Dollar General Store #6896 is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Dollar General Store #6896 accepts the following penalty: • Three hundred dollar ($300.00) fine. Dollar General Store #6896 Signature Signature Aaron Richey Name—Please Print Name— Please Print 7/21/2023 Date Date THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby orders that the foregoing civil penalty has been remitted by Dollar General Store #6896 to the City of Dubuque - Police Department. PASSED AND APPROVED this day of 14tAl L4,s-E- , 2023. Brad M. av ayor Attest: C9--� Trish L. Gleason, Assistant City Clerk ACKNOWLEDGMENT/SETTLEMENT AGREEM ENT Tobacco Compliance — 1st Violation • RE: Dubuque #3 Hy-Vee Hy-Vee Inc. 400 S. Locust St. • 5820 Westown Pkwy Dubuque, IA 52003 West Des Moines, IA 50266 I, Mic Jurgens , on behalf of Dubuque #3 Hy-Vee, hereby knowingly and voluntarily acknowledge that: a) Dubuque #3 Hy-Vee received the notice regarding the above referenced Case. b) Dubuque #3 Hy-Vee admits that the facts and allegations are true and correct. c) Dubuque #3 Hy-Vee waives a hearing and submits to the statutory penalties prescribed by law. d) Dubuque#3 Hy-Vee 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. Dubuque#3 Hy-Vee has a tobacco permit for 400 S. Locust St. Violation of the tobacco permit occurred as follows: Violation Date Violation Type Violation Number 05/25/2023 Tobacco Violation 1st Violation Under the foregoing Iowa Code provisions, Dubuque #3 Hy-Vee is subject a three hundred dollar($300.00)fine. In accordance with Iowa Code §805.8C, Dubuque#3 Hy- Vee accepts the following penalty: • Three hundred dollar($300.00)fine. Dubu ue#3 H -Vee Signature Signature Mic J, rgens Name—Please Print Name—Please Print r71 i `7 d ,,b a'7 Date Date NOTE: This must be signed by an individual tobacco perrnittee, 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 Dubuque #3 Hy-Vee to the City of Dubuque — Police Department. PASSED AND APPROVED this 7'day of , 20 3 . B • ' . Cavana ayor Attest: `ICE Trish L. Gleason, Assistant City Clerk ACKNOWLEDGMENT/SETTLEMENT AGREEMENT Tobacco Compliance - 1st Violation RE: Family Dollar#21599 • Family Dollar Stores of Iowa, LLC 2013 Central Ave #4 • 500 Volvo Pkwy Dubuque, IA 52001.3566 • Chesapeake, VA 23320 • 1, Patricia Haas,Assistant General Counsel , on behalf of Family Dollar#21599, hereby knowingly and voluntarily acknowledge that: a) Family Dollar #21599 received the notice regarding the above referenced case. b) Family Dollar #21599 admits that the facts and allegations are true and correct. c) Family Dollar #21599 waives a hearing and submits to the statutory penalties prescribed by law. d) Family Dollar #21599 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. Family Dollar #21599 has a tobacco permit for 2013 Central Ave #4. Violation of the tobacco permit occurred as follows: Violation Date Violation Type Violation Number 05/25/2023 Tobacco Violation 1 St Violation Under the foregoing Iowa Code provisions, Family Dollar #21599 is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Family Dollar #21599 accepts the following penalty: • Three hundred dollar($300.00) fine. Family Dollar#21599 / a i)/a Signature Signature Patricia Haas, Assistant General Counsel Name—Please Print Name—Please Print 7/7/23 Date Date NOTE: This must be signed by an individual tobacco permittee, or in the case of nother business entity, by individual(s)who have authority to bind the entity. THEREFORE, in lieu of a hearing, the City of Dubuque pity Council hereby orders that the foregoing civil penalty has been remitted by Family irollar#21599 to the City of Dubuque — Police Department. PASSED AND APPROVED this day of nil L , 20 a3 . . Cavanag _, 'layor Attest: Adrienne l roiffelder City Clark___ Trish La Gleason, Assistant City Clerk ACKNOWLEDGMENT/SETTLEMENT AGREEMENT Tobacco Compliance — 1st Violation • RE: Hartig Drug #3 • Hartig Drug Company Corp. 2255 John F. Kennedy Rd. • 703 Main St Dubuque, IA 52002 • Dubuque, IA 52001 I, V 171 , on behalf of Hartig Drug #3, hereby knowingly and voluntarily acknowledge that: a) Hartig Drug #3 received the notice regarding the above referenced case. b) Hartig Drug #3 admits that the facts and allegations are true and correct. c) Hartig Drug #3 waives a hearing and submits to the statutory penalties prescribed by law. d) Hartig Drug #3 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. Hartig Drug #3 has a tobacco permit for 2255 John F. Kennedy Rd. Violation of the tobacco permit occurred as follows: Violation Date Violation Type Violation Number 06101/2023 Tobacco Violation 1st Violation Under the foregoing Iowa Code provisions, Hartig Drug #3 is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Hartig Drug #3 accepts the following penalty: • Three hundred dollar ($300.00) fine. Hartig Drug #3 Signature Name— Please Print Name— Please Print 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 Hartig Drug #3 to the City of Dubuque — Police Department. PASSED AND APPROVED this day of nUS f , 20 cQ—i Brad M. Cava ag ayor Attest: Trish L. Gleason, 'Assistant City Clerk ACKNOWLEDGMENT/SETTLEMENT AGREEMENT Tobacco Compliance — 1st Violation RE: Kwik Stop #72 • Rainbo Oil Company 2255 Kerper Blvd. PO Box 768 Dubuque, IA 52004-0768 Dubuque, IA 52004-0768 I, e ib( 6�ai'1"b rl'1 , on behalf of Kwik Stop #72, hereby knowingly and voluntarily acknowledge that: a) Kwik Stop #72 received the notice regarding the above referenced case. b) Kwik Stop #72 admits that the facts and allegations are true and correct. c) Kwik Stop #72 waives a hearing and submits to the statutory penalties prescribed by law. d) Kwik Stop #72 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 #72 has a tobacco permit for 2255 Kerper Blvd. Violation of the tobacco permit occurred as follows: Violation Date Violation Type Violation Number 06/08/2023 Tobacco Violation 1 St Violation Under the foregoing Iowa Code provisions, Kwik Stop #72 is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Kwik Stop #72 accepts the following penalty: • Three hundred dollar ($300.00) fine. Kwik Stop #72 Signature Signature -14-4t Name—Please Print Name— Please Print I14/ 9'9) Date Date NOTE: This must be signed by an individual tobacco permittee, or in the case of another business entity, by individuals)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 #72 to the City of Dubuque — Police Department. PASSED AND APPROVED this / day of fAS4` , 20 . Brad M. avanag o Attest: sz -7 Adrienne Breitfelder, City Clerk Trish L. Gleason, Assistant City Clerk ACKNOWLEDGMENT/SETTLEMENT AGREEMENT Tobacco Compliance — 1st Violation • RE: Kwik Stop #86 • Rainbo Oil Company 2150 Twin Valley Dr. • PO Box 768 Dubuque, IA 52001 • Dubuque, IA 52004-0768 • I, I ( \J , on behalf of Kwik Stop #86, hereby knowingly and voluntarily acknowledge that: a) Kwik Stop #86 received the notice regarding the above referenced case. b) Kwik Stop #86 admits that the facts and allegations are true and correct. c) Kwik Stop #86 waives a hearing and submits to the statutory penalties prescribed by law. d) Kwik Stop #86 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 #86 has a tobacco permit for 2150 Twin Valley Dr. Violation of the tobacco permit occurred as follows: Violation Date Violation Type Violation Number 06/01/2023 Tobacco Violation 1st Violation Under the foregoing Iowa Code provisions, Kwik Stop #86 is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §805,8C, Kwik Stop #86 accepts the following penalty: • Three hundred dollar ($300.00) fine. Kwik Stop #86 C1(1/1 IAA Signa re Signature kaitAbr Name- Please Print Name- Please Print T L4j3 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 #86 to the City of Dubuque — Police Department. PASSED AND APPROVED this day of Le.& , 20 a3 Brad M. Cg , Mayor Attest: Trish L. Gleason, Assistant City Clerk ACKNOWLEDGMENT/SETTLEMENT AGREEMENT Tobacco Compliance — 1st Violation RE: Midwest Vapors • Midwest Vapors, LLC 2600 Dodge Street, Suite B4 • 660 Tanzanite Drive Dubuque, IA 52003 • Dubuque, IA 52001 • \ vn‹, , on behalf of Midwest Vapors, hereby knowingly and voluntarily acknowledge that: a) Midwest Vapors received the notice regarding the above referenced case. b) Midwest Vapors admits that the facts and allegations are true and correct. c) Midwest Vapors waives a hearing and submits to the statutory penalties prescribed by law. d) Midwest Vapors 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. Midwest Vapors has a tobacco permit for 2600 Dodge Street, Suite B4. Violation of the tobacco permit occurred as follows: Violation Date Violation Type Violation Number 06/15/2023 Tobacco Violation 1 St Violation Under the foregoing Iowa Code provisions, Midwest Vapors is subject a three hundred dollar ($300.00) fine. in accordance with Iowa Code §805.8C, Midwest Vapors accepts the following penalty: • Three hundred dollar ($300.00) fine. Midwest Vapors Signature igna ure `] 1 \ coos Name-- Please Print Name- Please Print 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 Midwest Vapors to the City of Dubuque — Police Department. PASSED AND APPROVED this 7 day of ,c C�S� , 20 073, Brad M. av i, ayor Attest: Trish L. Gleason, Assistant City Clerk ACKNOWLEDGMENT/SETTLEMENT AGREEMENT Tobacco Compliance - 1st Violation • RE: Moondog Music Dubuque Shop Inc. 806 Wacker Dr. #120 806 Wacker Dr. #120 Dubuque, IA 52002 Dubuque, IA 52002 • I, , on behalf of Moondog Music, hereby knowingly and voluntarily acknowledge that: a) Moondog Music received the notice regarding the above referenced case. b) Moondog Music admits that the facts and allegations are true and correct. c) Moondog Music waives a hearing and submits to the statutory penalties prescribed by law, d) Moondog Music 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. Moondog Music has a tobacco permit for 806 Wacker Dr. #120. Violation of the tobacco permit occurred as follows: Violation Date Violation Type Violation Number 06/29/2023 Tobacco Violation 1 Sf Violation Under the foregoing Iowa Code provisions, Moondog Music is subject a three hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Moondog Music accepts the following penalty: • Three hundred dollar ($300.00) fine. Moondog Music Signature 1 Signature .-D74e)ti 7 tit. * 6-1-°•�I Name- Please Print Name - Please Print 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 Moondog Music to the City of Dubuque — Police Department. PASSED AND APPROVED this �] day of A45 444 , 20 (D3. Bra . Cavan g , Mayor Attest: — +cnc Brcitfcldcr, City Clerk Trish L. Gleason, Assistant City Clerk