Tobacco Compliance Settlement Agreements for Tobacco LicenseCity of Dubuque
City Council Meeting
Consent Items # 015.
Copyrighted
March 18, 2024
ITEM TITLE: Tobacco Compliance Settlement Agreements for Tobacco License
Holders - Fuel Express Food Mart and EZ Stop 1
SUMMARY: City Manager recommending approval and the Mayor's signature on the
following Tobacco Compliance Settlement Agreements between the City
of Dubuque and the following retailers: Fuel Express Food Mart, 250 W.
1 st Street, First and Second Violations and EZ Stop 1, 1101 Rhomberg Ave,
First Violation.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Tobacco Compliance Settlements Staff Memo
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tobacco Compliance Settlement Agreements
DATE: August 31, 2023
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
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
Fuel Express Food Mart
Fuel Express Food Mart
EZ Stop 1
Address
250 W. 1st Street
250 W. 1st Street
1101 Rhomberg Ave
Violation Date
04/14/2023-1 st Violation
06/15/2023-2nd Violation
06/22/2023-2nd Violation
The Retailers have elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Fuel Express has agreed to a $300 fine (1st
Violation) and Fuel Express and EZ Stop 1 has agreed to a $1500 fine for 2nd
violations. The businesses listed above have submitted payment to the Police
Department.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM-sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jeremy Jensen, Chief of Police
THE CITY OF
DU-BQTE
Masterpiece on the Mississippi
March 7, 2024
To
From
Re
Michael C Van Milligan
City Manager
Jeremy Jensen
Chief of Police
Dubuque
Police Department
Dubuque Law Enforcement Center
All-AMeMCICKY
770 Iowa Street
P.O. Box 875
I
Dubuque, [A 52004-0875
Office (563) 5 89-44 10
2007.2012.2013
Fax (563) 589-4497
2017*2019
TTY (563) 583-171 l
E-mail; police@cityofdubuquc.org
www.cityofdubuque.org
Tobacco Compliance Settlement Agreements
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and the following retailers:
Retailer
Fuel Express Food Mart
Fuel Express Food Mart
EZ Stop 1
BACKGROUND
Address
250 W. 1 st St
250 W. 1 st St
1101 Rhomberg Ave
Violation Date
04/14/2023-1 st Violation
06/15/2023-2nd Violation
06/22/2023-2nd Violation
The Retailers have at 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 Iowa'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. Fuel Express has agreed to a $300 fine (1 st Violation) and
Fuel Express and EZ Stop 1 has agreed to a $1500 fine for 2nds violations. The
businesses listed above have submitted payment to the Police Department.
Service People Integrity Rcsponsibiiity Innovation Teamwork
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 Approve, and Mayor Cavanagh signature of the
attached Acknowledgement/Settlement Agreement.
cc: Crenna Brumwell
Service People Integrity Responsibility Innovation Teamwork
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance —1st Violation
RE: Fuel Express Food Mart
250 W. 1st Street
Dubuque, IA 52001
I, �, on behalf of Fuel Express Food Mart, hereby
knowingly and vo untarily acknowledge that:
a) Fuel Express Food Mart received the notice regarding the above
referenced case.
b) Fuel Express Food Mart admits that the facts and allegations are true and
correct.
c) Fuel Express Food Mart waives a hearing and submits to the statutory
penalties prescribed by law.
d) Fuel Express Food Mart 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.
Fuel Express Food Mart has a tobacco permit for 250 W. 1st Street. 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, «Business_Name» is subject a three
hundred dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Fuel Express
Food Mart accepts the following penalty:
Three hundred dollar ($300.00) fine.
Fuel Express Food Mart
Sibr a'[Gre
c FvvkY"-
Name — Please Print
Date I
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 Fuel Express Food Mart to
the City of Dubuque — Police Department.
PASSED AND APPROVED this j
F fn.�G�� , day of 20
r M. Cav Mayor
Attest-
a&�i�' 1X1i4t
Adrienne Breitfelder, City Clerk
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance - 2"d Violation
RE: Fuel Express Food Mart
250 W. 19t Street
Dubuque, IA 52001
I, l on behalf of Fuel Express Food Mart, hereby
knowing y and voluntarily acknowledge that:
a) Fuel Express Food Mart received the notice regarding the above
referenced case.
b) Fuel Express Food Mart admits that the facts and allegations contained in
the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Fuel Express Food Mart waives a hearing and submits to the statutory
penalties prescribed by law.
d) Fuel Express Food Mart understands that this violation will count as an
official "Second Violation — Tobacco Compliance" of City of Dubuque Code of
Ordinances Section 7-5A-15, pursuant to Iowa Code §805.8C.
Fuel Express Food Mart has a tobacco permit for 250 W 1st Street. Violation of the
tobacco permit occurred as follows:
Violation Date
April 14, 2023
June 15, 2023
Violation Type
Tobacco Violation
Tobacco Violation
Violation Number
15t Violation
2"d Violation
Under the foregoing Iowa Code provisions, Fuel Express Food Mart is subject to the
following:
0' A one thousand five hundred dollar ($1,500) fine
W
2) A thirty (30) day suspension of the tobacco permit.
In accordance with Iowa Code §805.8C, Fuel Express Food Mart chooses one of the
following penalties:
y One thousand five hundred dollar ($1,500) fine
❑ Thirty (30) day tobacco permit suspension
Fuel Express Food Mart
t
Signature Signature
'.-
Name — Please Print
Date 1
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 Fuel Express Food Mart to
the City of Dubuque — Police Department,
PASSED AND APPROVED this day of �7aC k , 20 j"
Brad Cavana Ayor
Attest:
ar'�t1? nC? & "It
Adrienne Breitfelder, City Clerk
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — 2nd Violation
RE: EZ Stop I
1101 Rhomberg Avenue
Dubuque, IA 52001
I, A �47tE P& V-MQA)6,in behalf of EZ Stop I, hereby knowingly and
voluntarily acknowledge that:
a) EZ Stop I received the notice regarding the above referenced case.
b) EZ Stop I admits that the facts and allegations contained in the Complaint,
which is attached hereto and incorporated herein by reference, are true and
correct.
c) EZ Stop I waives a hearing and submits to the statutory penalties
prescribed by law.
d) EZ Stop I understands that this violation will count as an official "Second
Violation — Tobacco Compliance" of City of Dubuque Code of Ordinances
Section 7-5A-15, pursuant to Iowa Code §805.8C.
I
EZ Stop I has a tobacco permit for 1101 Rhomberg Avenue. Violation of the tobacco
permit occurred as follows:
Violation Date
April 28, 2023
June 22, 2023
Violation Type
Tobacco Violation
Tobacco Violation
Violation Number
15t Violation
2na Violation
Under the foregoing Iowa Code provisions, EZ Stop I is subject to the following:
1) A one thousand five hundred dollar ($1,500) fine
2) A thirty (30) day suspension of the tobacco permit.
In accordance with Iowa Code §805.8C, EZ Stop I chooses one of the following
penalties:
;IX One thousand five hundred dollar ($1,500) fine
❑ Thirty (30) day tobacco permit suspension
EZ Stop I
49 i
Signature Signature
Ajgfjj�-E) PA VJ�66VA-0
Name — Please Print
a 11-5
Date
Name — Please Print
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 EZ Stop I to the City of
Dubuque — Police Department.
PASSED AND APPROVED this L day of k.. , 20 q 9
Brad C-avana ayor
Attest:
Adrienne Breitfelder, City Clerk