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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 THE C Dubuque DUjIBQTE AIFAWca Ciq rw ni I Masterpiece on the Mississippi � pp 20°2.2° 13 Zd17*7*2Q19 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 �—rP.O �i All•AmericaCity DUB Iowa Street P.O. Box 875 I I1111 Dubuque,iA 52004-0875 Masterpiece oil the MiS5i6Sippi Office (563) 589-4410 Fax (563) 589-4497 zoos • zoiz • zo3s 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