Tobacco Compliance Civil Penalties for Tobacco License Holders-Dubuque Tobacco & Grocery, 1248 Iowa St. and Pink Cloud Smoke Shop, 3301 Pennsylvania Ave. Copyrighted
September 5, 2023
City of Dubuque Consent Items # 024.
City Council Meeting
ITEM TITLE: Tobacco Compliance Civil Penalties for Tobacco License Holders
— Dubuque Tobacco & Grocery, 1248 lowa St. and Pink Cloud Smoke
Shop, 3301 Pennsylvania Ave.
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: for Dubuque Tobacco &
Grocery located at 1248 lowa St. and Pink Cloud Smoke Shop located
at 3301 Pennsylvania Ave.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Tobacco Compliance Settlement Agreements Staff Memo
Dubuque
THE CITY QF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tobacco Compliance Settlement Agreements
DATE: August 31, 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
Dubuque Tobacco & Grocery 1248 lowa Street 05/25/2023
Pink Cloud Smoke Shop 3301 Pennsylvania Ave 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.
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Mic ael 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
August 25, 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
Dubuque Tobacco & Grocery 1248 lowa Street 05/25/2023
Pink Cloud Smoke Shop 3301 Pennsylvania Ave 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
j
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT I'
Tobacco Compliance — 1gt Violation ,
RE: Dubuque Tobacco and Grocery . BSJ 786 LLC '
1248 lowa Street . 2160 Woodland Dr. Apt. B1
Dubuque, lA 52001 . Dubuque, lA 52002 '
f, �D /Vt�11�a� , on behalf of Dubuque Tobacco and Grocery, hereby '.
knowingly and voluntarily acknowledge that: '
a) Dubuque Tobacco and Grocery received the notice regarding the above '
referenced case. ;
b) Dubuque Tobacco and Grocery admits that the facts and allegations are i
true and correct
c) Dubuque Tobacco and Grocery waives a hearing and submits to the ,
statutory penalties prescribed by law. ',
d) Dubuque 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 lowa Code §805.8C. '
Dubuque Tobacco and Grocery has a tobacco permit for 1248 lowa Street. Violation of '
the tobacco permit occurred as follows:
Violation Date Violation Tvpe Violation Number
05/25/2023 Tobacco Violation 1St Violation ',
Under the foregoing lowa Code provisions, Dubuque Tobacco and Grocery is subject a
three hundred dollar ($300.00) fine. In accordance with lowa Code §805.8C, Dubuque '
Tobacco and Grocery accepts the following penalty: ',
• Three hundred dollar($300.00) fine. �
Dubupue Tobacco and Grocery
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Signature Signature
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Name— lease Print Name—Please Print
Date Date
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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 Dubuque Tobacco and I
Grocery to the City of Dubuque — Police Department. I
PASSED AND APPROVED this_day of , 20_ !i
Brad M. Cavanagh, Mayor �
Attest: I
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Adrienne Breitfelder, City Clerk '
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ACKN4WLEDGMENTISETTLEMENT AGREEMENT
Tobacco Compliance — 15t Violation
RE: Pink Cloud Smoke Shop : Pink Cloud Smoke Shop
3301 Pennsylvania A�e : 3301 Pennsylvania Ave
Dubuque, IA 52001 : Dubuque, IA 52001
�, , on behalf of Pink Cfoud Smoke Shop, hereby
knowingly and voluntarily acknowiedge that:
a} Pink Cloud Smoke Shop received the notice regarding the abo�e
referenced case.
b) Pink Claud Smoke Shap admits that the facts and allegations are true and
correct.
c} P'tnk Claud Smoke Shop waives a hearing and submits to the statu#ory
penalties prescribed by law.
d) Pink Cloud Smoke Shop understands that this violation will count as an
official "First Violation — Tobacco Compliance° of City of Dubuque Code of
Qrdinances Section 7-5A-15, pursuant to lowa Code �505.8C.
Pink Cloud Smoke Shop has a tobacco permit far 3301 Penr�sylvania Ave. Violation of
the tobacco permit occurred as follows:
Violation Date Violation Tvpe Violation Number
06/29/2023 Tabacco Violatian 15t Violation
Under the foregoing lowa Code �rovisior�s, Pink Cloud Smoke Shop is subject a three
hundred dollar ($300,00) fine. kn accordance with lowa Code §805.8C, Pink Cloud
Smo4ce Shop acc�pts the folfowing penalty:
• Three hundred dollar ($300.00) fir�e.
Pink Cloud Smoke Sho
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Signature `` 5ignature
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Name—Piease Print Name— Please Print
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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 entiry.
THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Pink Cloud Smoke Shop to
the City of Dubuque — Police Department.
PASSED AND APPROVED this_ day of , 20_
Brad M. Cavanagh, Mayar
Attesi:
Adrienne Breiifelder, City Clerk