Tobacco Compliance Settlement AgreementsCity of Dubuque
City Council
CONSENT ITEMS # 19.
Copyrighted
October 21, 2024
ITEM TITLE: Tobacco Compliance Settlement Agreements
SUMMARY: City Manager recommending City Council approval of the
following Tobacco Compliance Settlement Agreements and
authorize the mayor to sign the agreements: BP Fuel, 1450
Loras Blvd; Kwik Stop #325, 1210 East 16th Street; Kwik
Stop #84, 2335 University Ave; Caseys, 4003 Peru Road;
Pink Clouds Smoke Shop, 3301 Pennsylvania Ave; Moondog
Music, 806 Wacker Dr; A&M Trading, 1620 JFK Rd; Hartig
Drug, 2255 Central Ave; Botanicanna, 55 JFK Rd; EZ Stop II,
700 Rhomberg.
SUGGUESTED Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Tobacco Compliance with Memo
Page 355 of 1713
THE CITY OF
DUBE
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: October 17, 2024
Dubuque
AI WIN av
2007-2012.2013
2017*2019
Chief of Police Jeremy Jensen is recommending City Council approval of the following
Tobacco Compliance Settlement Agreements and authorize the mayor to sign the
agreements.
Retailer
BP Fuel
Kwik Stop #325
Kwik Stop #84
Caseys
Pink Clouds Smoke Shop
Moondog Music
A&M Trading
Hartig Drug
Botanicanna
EZ Stop II
Address
1450 Loras Blvd
1210 East 16th Street
2335 University Ave
4003 Peru Road
3301 Pennsylvania Ave
806 Wacker Dr
1620 JFK Rd
2255 Central Ave
55 JFK Rd
700 Rhomberg
Violation Date
02/29/2024-1 st Violation
02/10/2024-1 st Violation
02/10/2024-1 st Violation
02/24/2024-2nd Violation
03/09/2024-2nd Violation
06/28/2024-2nd Violation
06/28/2024-1 st Violation
06/29/2024-1 st Violation
06/29/2024-1 st Violation
09/02/2024-1 st Violation
The Retailers have elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. BP Fuel, Kwik Stop #325, Kwik Stop #84, Hartig
Drug, Botanicanna, A&M Trading, and EZ Stop II have agreed to a $300 find (1st
Violation). Caseys, Pink Cloud Smoke Shop, and Moondog Music have agreed to a
$1,500 find (2nd Violation). The Businesses listed above have submitted payment to the
Police Department.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Page 356 of 1713
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jeremy Jensen, Chief of Police
Page 357 of 1713
Dubuque
Police Department
THE CITY OF
Dubuque Law Enforcement Center
TE
All-PA9110C"
(
:IP.O.
770 Iowa Street
Box 875
UB
I I I
Dubuque, IA 52004-0875
,
Office (563) 589-4410
Masterpiece on the Mississippi
2007-2012.2013
2017*2019
Fax (563) 589-4497
TTY (563) 583-1711
E-mail: policeCw_cityofdubuque.org
www.cityofdubuque.org
October 07, 2024
To: Michael C Van Milligan
City Manager
From: Jeremy Jensen
11W
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
BP Fuel
Kwik Stop #325
Kwik Stop #84
Caseys
Pink Clouds Smoke Shop
Moondog Music
A&M Trading
Hartig Drug
Botanicanna
EZ Stop II
BACKGROUND
Address
1450 Loras Blvd
1210 East 16th St
2335 University Ave
4003 Peru Road
3301 Pennsylvania Ave
806 Wacker Dr
1620 JFK Rd
2255 Central Ave
55 JFLK Rd
700 Rhomberg
Violation Date
02/09/2024-1 st Violation
02/10/2024-1st Violation
02/10/2024-1st Violation
02/24/2024-2nd Violation
03/09/2024-2nd Violation
06/28/2024-2nd Violation
06/28/2024-1 St Violation
06/29/2024-1 st Violation
06/29/2024-1 st Violation
09/02/2024-1 st Violation
The Retailers have at tobacco license for their establishment in the city of Dubuque. The
Dubuque Police Department conducted tobacco compliance checks, and the employees
Service People Integrity Responsibility Innovation Teamwork Page 358 Of 1713
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. BP Fuel, Kwik Stop #325, Kwik Stop #84, Hartig Drug,
Botanicanna, A&M Trading, and EZ Stop II have agreed to a $300 fine (1 It Violation).
Caseys, Pink Cloud Smoke Shop, and Moondog Music have agreed to a $1500 fine (2"d
Violations). The businesses listed above 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 Approve, and Mayor Cavanagh signature of the
attached Acknowledgement/Settlement Agreement.
cc: Crenna Brumwell
seryloo People Intogrily Responsibility hluovalion Ten,nwork Page 359 of 1713
ACKNOWLEDGMENTISETTLEM ENT AGREEMENT
Tobacco Compliance — 111 Violation
RE: BP Fuel
1450 Loras Blvd.
Dubuque, IA 52001
I, Jr;pww Lra, , on behalf of BP Fuel, hereby knowingly and
voluntarily acknowledge that:
a) BP Fuel received the notice regarding the above referenced case.
b) BP Fuel admits that the facts and allegations are true and correct.
c) BP Fuel waives a hearing and submits to the statutory penalties
prescribed by law.
d) BP Fuel 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.
BP Fuel has a tobacco permit for 1450 Loras Blvd. Violation of the tobacco permit
occurred as follows:
Violation Date Violation Type Violation Number
February 9, 2024 Tobacco Violation 1 st Violation
Under the foregoing Iowa .Code provisions, BP Fuel is subject a three hundred dollar
($300.00) fine. In accordance with Iowa Code §805.8C, «Business_Name» accepts the
following penalty:
m Three hundred dollar ($300.00) fine.
BP Fuel
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.
Page 360 of 1713
THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by BP Fuel to the City of
Dubuque — Police Department.
PASSED AND APPROVED this �I day of OCfo6r , 20�9 .
Bra . Ca , Mayor
Attest:
Adrienne Breitfelder, City Clerk
ACKNOWLEDGMENTISETTLEM ENT AGREEMENT
Tobacco Compliance - 111 Violation
RE: Kwik Stop #325
1210 East 16t" Street
Dubuque, IA 52001
a)
b)
, on behalf of Kwik Stop #325, hereby knowingly and
acknowledge that:
Kwik Stop #325 received the notice regarding the above referenced case.
Kwik Stop #325 admits that the facts and allegations are true and correct.
c) Kwik Stop #325 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Kwik Stop #325 understands that this violation will count as an official
"First Violation — Tobacco Compliance" of City of Dubuque Code of Ordinances
Section 7d5A-15, pursuant to Iowa Code §805.8C.
Kwik Stop #325 has a tobacco permit for 1210 East 16th. Violation of the tobacco permit
occurred as follows:
Violation Date Violation Type Violation Number
February 10, 2024 Tobacco Violation 1 st Violation
Under the foregoing Iowa Code provisions, Kwik Stop #325 is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Kwik Stop #325 accepts
the following penalty:
• Three hundred dollar ($300.00) fine.
Kwik Stop #325
(�(f (9- �L �
ature
Name — PleaseC Print
q kp l a_1
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.
Page 362 of 1713
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 #325 to the City
of Dubuque — Police Department.
PASSED AND APPROVED this f day of 0C7&I6C"- , 20
& v �>a Mayor
Attest:
Adrienne Breitfelder, City Clerk
ACKNOWLEDGMENTISETTLEMENT AGREEMENT
Tobacco Compliance - 'i St Violation
RE: Kwik Stop #84
2335 University Avenue
Dubuque, 1A 52001
I, Y ) , on behalf of Kwik Stop #84, hereby knowingly and
voluntarily acknowledge that:
a) Kwik Stop #84 received the notice regarding the above referenced case.
b) Kwik Stop #84 admits that the facts and allegations are true and correct.
c) Kwik Stop #84 waives a hearing and submits to the statutory penalties
prescribed by law.
d) Kwik Stop #84 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 #84 has a tobacco permit for 2335 University Avenue. Violation of the
tobacco permit occurred as follows:
Violation Date Violation Type Violation Number
February 10, 2024 Tobacco Violation 1 st Violation
Under the foregoing Iowa Code provisions, Kwik Stop #84 is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Kwik Stop #84 accepts
the following penalty:
• Three hundred dollar ($300.00) fine.
Kwik Stop #84
1�
3
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.
Page 364 of 1713
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 #84 to the City of
Dubuque — Police Department.
PASSED AND APPROVED this ai day of OCrokcr , 20
Brad agh, Mayor
Attest:
4 ,
Adrienne Breitfelder, City Clerk
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — 211 Violation
RE: Casey's
4003 Peru Road
Dubuque, IA 52001
I, , on behalf of Casey's, hereby knowingly and
voluntarily acknowledge that:
a) Casey's received the notice regarding the above referenced case.
b) Casey's admits that the facts and allegations contained in the Complaint,
which is attached hereto and incorporated herein by reference, are true and
correct.
c) Casey's waives a hearing and submits to the statutory penalties
prescribed by law.
d) Casey's understands that this violation will count as an official "Second
Violation s Tobacco Compliance" of City of Dubuque Code of Ordinances
Section 7-5A-15, pursuant to Iowa Code §805.8C.
Casey's has a tobacco permit for 4003 Peru Road. Violation of the tobacco permit
occurred as follows:
Violation Date
May 25, 2023
February 9, 2024
Violation Type
Tobacco Violation
Tobacco Violation
Violation Number
1 st Violation
2nd Violation
Under fih oregoing Iowa Code provisions, Casey's is subject to the following:
1) A one thousand five hundred dollar ($1,500) fine
OR
2) A thirty (30) day suspension of the tobacco permit.
In accordance with Iowa Code §805.8C, Casey's chooses one of the following
penalties:
❑ One thousand five hundred dollar ($1,500) fine
❑ Thirty (30) day tobacco permit suspension
Page 366 of 1713
Casey's
DocuSigned by:
ignature Signature
James S. Skloda, Assistant General Counsel
Name — Please Print
8/2/2024
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 Casey's to the City of
Dubuque — Police Department.
PASSED AND APPROVED this Q day of nC^k--r 20�.
.• ..f C.5>ayor
Attest:
ak,t�� Aa 1417
Adrienne Breitfelder, City Clerk
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance - 2"d Violation
RE: Pink Clouds Smoke Shop
3301 Pennsylvania Avenue
Dubuque, IA 52001
I, on behalf of Pink Clouds Smoke Shop, hereby
knowingly and volunt rily acknowledge that:
a) Pink Clouds Smoke Shop received the notice regarding the above
referenced case.
b) Pink Clouds Smoke Shop admits that the facts and allegations contained
in the Complaint, which is attached hereto and incorporated herein by reference,
are true and correct.
c) Pink Clouds Smoke Shop waives a hearing and submits to the statutory
penalties prescribed by law.
d) Pink Clouds Smoke Shop 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.
Pink Clouds Smoke Shop has a tobacco permit for 3301 Pennsylvania Avenue.
Violation of the tobacco permit occurred as follows:
Violation Date
June 29, 2023
February 9, 2024
Violation Type
Tobacco Violation
Tobacco Violation
Violation Number
1 st Violation
2nd Violation
Under the foregoing Iowa Code provisions, Pink Clouds Smoke Shop is subject to the
following:
(1))
A one thousand five hundred dollar ($1,500)) fine
OR
2)
A thirty (30) day suspension of the tobacco permit.
In accordance with Iowa Code §805.8C, Pink Clouds Smoke Shop chooses one of the
following pen ies:
One thousand five hundred dollar ($1,500) fine
❑ Thirty (30) day tobacco permit suspension
Page 368 of 1713
Pink Clouds Smoke Shop
Signs ure Signature
g� Zd__1
.f �T
Name —'Please Print
Da
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 Pink Clouds Smoke Shop to
the City of Dubuque — Police Department.
PASSED AND APPROVED this day of ����' , 20 c�q
. • ..
Mayo r
Attest:
Adrienne Breitfelder, 0ity Clerk
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance - 2nd Violation
RE: Moondog Music
806 Wacker Drive
Dubuque, IA 52001
I, . ��]&-Ejej 6 TjopJ
- , 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 contained in the
Complaint, which is attached hereto and incorporated herein by reference, 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
"Second 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 Drive. Violation of the tobacco
permit occurred as follows:
Violation Date Violation Type Violation Number
June 29, 2023 Tobacco Violation 1st Violation
June 28, 2024 Tobacco Violation 2nd Violation
Under the foregoing Iowa Code provisions, Moondog Music 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, Moondog Music chooses one of the following
penalties:
❑ One thousand five hundred dollar ($1,500) fine
❑ Thirty (30) day tobacco permit suspension
Page 370 of 1713
Moondog Music
ignature
-k n►N b' lO.ti'
Name — Please Print
n a
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 Moondog Music to the City
of Dubuque — Police Department.
PASSED AND APPROVED this I day of Odokc/- , 202L
a Cavanag ayor
Attest:
��?tom /4� 6- 3 a7
Adrienne Breitfelder, City Clerk
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance —1st Violation
RE: A&M Trading
1620 JFK Road
Dubuque, IA 52001
I, av�,e ( iat- ! , on behalf of A&M Trading, hereby knowingly and
voluntarily acknow dge that:
a) A&M Trading received the notice regarding the above referenced case.
b) A&M Trading admits that the facts and allegations are true and correct.
c) A&M Trading waives a hearing and submits to the statutory penalties
prescribed by law.
d) A&M Trading 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.
A&M Trading has a tobacco permit for 1620 JFK Road. Violation of the tobacco permit
occurred as follows:
Violation Date Violation Type Violation Number
June 28, 2024 Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, A&M Trading is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, A&M Trading accepts the
following penalty:
• Three hundred dollar ($300.00) fine.
A&M Trading
r
Signature
In (k-eif,
Name — Please Print
10 - -3
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 individuals) who have authority to bind the entity.
Page 372 of 1713
THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by A&M Trading to the City of
Dubuque — Police Department.
PASSED AND APPROVED this �j' day of i�n�}� , 20
:• � .ram •
Attest:
1 �-4",Le &A".
Adrienne Breitfelder, Ci y Clerk
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance —1st Violation
RE: Hartig Drug
2255 Central Avenue
Dubuque, IA 52001
on behalf of Hartig Drug, hereby knowingly and
voluntarily acknowledge that:
a) Hartig Drug received the notice regarding the above referenced case.
b) Hartig Drug admits that the facts and allegations are true and correct.
c) Hartig Drug waives a hearing and submits to the statutory penalties
prescribed by law.
d) Hartig Drug 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 has a tobacco permit for 2255 Central Avenue. Violation of the tobacco
permit occurred as follows:
Violation Date Violation Type Violation Number
June 29, 2024 Tobacco Violation 1 st Violation
Under the foregoing Iowa Code provisions, Hartig Drug is subject a three hundred dollar
($300.00) fine. In accordance with Iowa Code §805.8C, Hartig Drug accepts the
following penalty:
• Three hundred dollar ($300.00) fine.
Hartig Drug
gnaa�t e
fe
Name Please Pant
e-7
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.
Page 375 of 1713
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 to the City of
Dubuque — Police Department.
PASSED AND APPROVED this day of 20 a
rad M. Cav h, Mayor
Attest:
Adrienne Breitfelder, City Clerk
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance A 18t Violation
RE: Botanicanna
555 JFK Road
Dubuque, IA 52001
c
I, &grt-k (I kA . on behalf of Botanicanna, hereby knowingly and
voluntarily acknowledge that:
W-
a) Botanicanna received the notice regarding the above referenced case.
b) Botanicanna admits that the facts and allegations are true and correct.
c) Botanicanna waives a hearing and submits to the statutory penalties
prescribed by law.
d) Botanicanna 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.
Botanicanna has a tobacco permit for 555 JFK Road. Violation of the tobacco permit
occurred as follows:
Violation Date Violation Type Violation Numbe
June 29, 2024 Tobacco Violation 1 st Violation
Under the foregoing Iowa Code provisions, Botanicanna is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Botanicanna accepts the
following penalty:
i Three hundred dollar ($300.00) fine.
Botanicanna
-71'-�)-1 A -
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.
Page 377 of 1713
THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by Botanicanna to the City of
Dubuque — Police Department.
PASSED AND APPROVED this K/ day of QC�c cr' , 20;q
.• .•.imayor
Attest:
I/,
Adrienne Breitfelder, City Clerk
ACKNOWLEDGMENTISETTLEMENT AGREEMENT
Tobacco Compliance --111 Violation
RE: EZ Stop II
700 Rhomberg Avenue
Dubuque, IA 52001
1, A V-a kk VA*n�,A_n behalf of EZ Stop 11, hereby knowingly and
voluntarily acknowledge that:
a) EZ Stop II received the notice regarding the above -referenced case.
b) EZ Stop 11 admits that the facts and allegations are true and correct.
c) EZ Stop 11 waives a hearing and submits to the statutory penalties
prescribed by law.
d) EZ Stop 11 understands that this violation will count as an official "First
Violation -- Tobacco Compliance" of City of Dubuque Code of Ordinances
Section 7-5AW15, pursuant to Iowa Code §805.8C.
EZ Stop II has a tobacco permit for 700 Rhomberg Avenue. Violation of the tobacco
permit occurred as follows:
Violation Date Violation Type Violation Number
February 9, 2024 Tobacco Violation 18f Violation
Under the foregoing Iowa Code provisions, EZ Stop Il is subject to a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, EZ Stop II accepts the
following penalty:
• Three hundred dollar ($300.00) fine.
EZ Stop 11
Signature Signature
my, dl.�- JzAj�
Name — Please Print Name — Please Print
CK — -2 ) - 9 11
Date r 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.
Page 379 of 1713
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 II to the City of
Dubuque — Police Department.
PASSED AND APPROVED this a 1 day of 0A010e,- , 20 34 .
ram Cava ,Mayor
Attest:
&4j-4-6'I
Adrienne Breitfelder, bty Clerk