Tobacco Compliance Civil Penalty for Vapor City OutletCopyrighted
April 6, 2020
City of Dubuque Consent Items # 22.
ITEM TITLE: Tobacco Compliance Civil Penalty for Tobacco License
Holder — Vapor City Outlet
SUMMARY: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco
compliance violation for Vapor City Outlet, 3330 Asbury
Road.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description
Vapor City Outlet Tobacco Compliance Settlement
Agreement-MVM Memo
Staff Memo
Agreement Copy
Type
City Manager Memo
Staff Memo
Staff Memo
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vapor City Outlet Tobacco Compliance Settlement Agreement
DATE: March 25, 2020
Dubuque
bitil
All-A.aia City
111111
2007.2012.2013
2017*2019
Chief of Police Mark Dalsing is recommending approval of the Tobacco Compliance
Settlement Agreement with Vapor City Outlet, 3330 Asbury Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
7--
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE CITY OF
DUB UE MEMORANDUM
Masterpiece on the Mississippi
March 10, 2020
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Settlement Agreement, Vapor City Outlet
INTRODUCTION
This memo will detail the Tobacco Compliance settlement between the City of Dubuque
and Vapor City Outlet
BACKGROUND
Vapor City Outlet has a tobacco license for its establishment at 3330 Asbury Road in
the City of Dubuque. On February 7, 2020, the Dubuque Police Department did a
tobacco compliance check and an employee sold tobacco to underage youth
compliance monitors.
Vapor City Outlet has elected to forego a public hearing and will instead submit to
statutory penalties prescribed by law. Vapor City Outlet 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
Acknowledgment/Settlement Agreement.
cc: Crenna Brumwell
1
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
Tobacco Compliance — 1st Violation
RE: Vapor City Outlet
3330 Asbury Road
Dubuque, IA 52002
Vapor City Outlet LLC
110 N Wise Avenue
Freeport, IL 61032
voluntarily acknowledge that:
a) Vapor City Outlet
case.
, on behalf of Vapor City Outlet, hereby knowingly and
received the notice regarding the above referenced
b) Vapor City Outlet admits that the facts and allegations contained in the
Complaint, which is attached hereto and incorporated herein by reference, are
true and correct.
c) Vapor City Outlet waives a hearing and submits to the statutory penalties
prescribed by law.
d) Vapor City Outlet 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.
Vapor City Outlet has a tobacco permit for 3330 Asbury Road. Violation of the tobacco
permit occurred as follows:
Violation Date
February 7, 2020
Violation Type Violation Number
Tobacco Violation 1st Violation
Under the foregoing Iowa Code provisions, Vapor City Outlet is subject a three hundred
dollar ($300.00) fine. In accordance with Iowa Code §805.8C, Vapor City Outlet accepts
the following penalty:
• Three hundred dollar ($300.00) fine.
Vapor City Outlet
Signature
Name — Please Print
3 Li 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 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 Vapor City Outlet to the City
of Dubuque — Police Department.
PASSED AND APPROVED this ulday of
Roy D. BSI, Mayor
Attest:
Kevin rnstahl, City Clerk
, 20.