Tobacco Acknowledgement/Settlement Agreement between the City of Dubuque and Pink Cloud at 4835 Asbury Rd.City of Dubuque
City Council
CONSENT ITEMS
# 18.
Copyrighted
January 20, 2026
ITEM TITLE: Tobacco Acknowledgement/Settlement Agreement between
the City of Dubuque and Pink Cloud at 4835 Asbury Rd.
SUMMARY: City Manager recommending City Council approval of the
Tobacco Acknowledgement/Settlement Agreement with Pink
Cloud, for their establishment at 4835 Asbury Road.
SUGGUESTED Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Tobacco Compliance Agreement -Pink Cloud
Page 939 of 1459
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tobacco Acknowledgement/Settlement Agreement between the City of
Dubuque and Pink Cloud at 4835 Asbury Rd.
DATE: January 13, 2026
Chief of Police Jeremy Jensen is recommending City Council approval of the
Acknowledgement/Settlement Agreement with Pink Cloud, for their establishment at
4835 Asbury Road.
Pink Cloud has elected to forego a public hearing and will instead submit to statutory
penalties prescribed by law. Pink Cloud agreed to a $300 fine for a first violation and
has submitted payment to the Police Department.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
k�4
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jeremy Jensen, Chief of Police
Page 940 of 1459
Dubuque
Police Department
THE CITY OF
Dubuque Law Enforcement Center
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Iowa Street
P.O. Box 875
I I1111
Dubuque,iA 52004-0875
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Office (563) 589-4410
Fax (563) 589-4497
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TTY (563) 583-1711
E-mail: police@cityofdubuque.org
www.cityofdubuque.org
January 7, 2026
To: Michael C Van Milligan
City Manager
Fr: Jeremy Jensen
Chief of Police
Re: Settlement Agreement, Pink Cloud, 4835 Asbury Rd
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Pink Cloud at 4835 Asbury Rd.
BACKGROUND
Pink Cloud has a tobacco license for its establishment at 4835 Asbury Rd. in the city of
Dubuque. On June 22, 2025, 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.
Pink Cloud has elected to forego a public hearing and will instead submit to statutory
penalties prescribed by law. Pink Cloud 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
Page 941 of 1459
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance —1st Violation
RE: Pink Cloud
4835 Asbury Rd
Dubuque, IA 52002
, 5 A7,J1,4-Z4 C on behalf of Pink Cloud, hereby knowingly and
voluntarily acknowledge that:
a) Pink Cloud received the notice regarding the above referenced case.
b) Pink Cloud admits that the facts and allegations are true and correct.
c) Pink Cloud waives a hearing and submits to the statutory penalties
prescribed by law.
d) Pink Cloud 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.
Pink Cloud has a tobacco permit for 4835 Asbury Rd. Violation of the tobacco permit
occurred as follows:
Violation Date Violation Type Violation Number
June 22, 2025 Tobacco Violation 1 st Violation
Under the foregoing Iowa Code provisions, Pink Cloud is subject a three hundred dollar
($300.00) fine. In accordance with Iowa Code §805.8C, Pink Cloud accepts the
following penalty:
• Three hundred dollar ($300.00) fine.
Pink Cloud
Signature
Name — Please Print
0/v6zb
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 Pink Cloud to the City of
Dubuque — Police Department.
PASSED AND APPROVED this ��.' ih
day of 7c,n u n,^ , 20 A .
Brad M a ayor
Attest:
Adrienne Breitfelder, City berk