Tobacco Compliance — Civil Penalty for Tobacco License Holder — The Great Vape Copyright 2014
City of Dubuque Consent Items # 23.
ITEM TITLE: Tobacco Compliance — Civil Penalty for Tobacco License Holder— The
Great Vape
SUMMARY: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance
violation for The Great Vape, 3250 Central Avenue.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ The Great Vape Tobacco Compliance Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Settlement Agreement, The Great Vape
DATE: April 10, 2015
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with The Great Vape, 3250 Central Avenue.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
April 7, 2015
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, The Great Vape
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and The Great Vape.
BACKGROUND
The Great Vape has a tobacco license for its establishment at 3250 Central Avenue in
the City of Dubuque. On January 13, 2015 the Dubuque Police Department did a
tobacco compliance check and an employee sold a nicotine based vapor product, which
are governed under Iowa's tobacco laws, to underage youth compliance monitors.
The Great Vape has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. The Great Vape has 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 Buol signature of the attached
AcknowledgmentlSettlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — 1st Violation
RE: The Great Vape
3250 Central Avenue
Dubuque, IA 52001
• Holly Wall
2300 Trenton Road
• Asbury, IA 52002
I, /I // 4/?/
voluntarily knowledge t at:
, on behalf of The Great Vape, hereby knowingly and
a) The Great Vape received the notice regarding the above referenced case.
b) The Great Vape admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) The Great Vape waives a hearing and submits to the statutory penalties
prescribed by law.
d) The Great Vape 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.
The Great Vape has a tobacco permit for 3250 Central Avenue. Violation of the tobacco
permit occurred as follows:
Violation Date
January 13, 2015
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, The Great Vape is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, The Great Vape accepts
the following penalty:
• Three hundred dollar ($300.00) fine.
The Great Va • e
Si nature Signature
VA I
ame — Please Print Name — Please Print
_2 -.O1
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 entity.
THEREFORE, in lieu of a hearing, the City of Dubuque City Council hereby
orders that the foregoing civil penalty has been remitted by The Great Vape to the City
of Dubuque — Police Department.
PASSED AND APPROVED this 20th day of April
Attest:
Kevii irnstahl, City •i irk
0AL
, 2015 .
(Myer
Karla A. Brig, Mayor ro Tem