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Tobacco Compliance Civil PenaltiesTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Tobacco Compliance -Civil Penalty for Tobacco Permit Holders DATE: November 12, 2008 Chief of Police Kim Wadding is recommending that the City Council accept the Acknowledgement/Settlement Agreements for first offense tobacco compliance violation for Casey's General Store #2420, 2699 Rockdale Road and Kwik Stop, 4039 Pennsylvania Avenue. The City Clerk's Office has received payment from HyVee #2, 2395 Northwest Arterial, and it is recommended that the City Council accept the Acknowledgement/Settlement Agreement for HyVee #2's second offense tobacco compliance violation. Chief Wadding further recommends that the City Council approve, when received, the Acknowledgement/Settlement Agreement for first offense tobacco compliance violation for A.W.N. Stop Mart, 1998 Jackson Street, if received by the City Clerk's Office by November 17. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kim Wadding, Chief of Police THE CITY OF DUBUQUE Masterpiece on the Mississippi MEMORANDUM DATE: November 6, 2008 MEMORANDUM TO: Michael C. Van Milligen City Manager FROM: Kim B. Wadding Police Chief RE: Tobacco Compliance -Civil Penalty for Tobacco Permit Holders INTRODUCTION: The purpose of this memorandum is to administer the civil tobacco compliance violation penalty regarding Iowa Code § 453A.22 (2) to the following businesses: first offense violation to Casey's General Store #2420, 2699 Rockdale Road; Kwik Stop, 4039 Pennsylvania Avenue; A.W.N. Stop Mart, 1998 Jackson Street; and second offense violation to Hy-Vee #2, 2395 Northwest Arterial. BACKGROUND: The Dubuque Police Department continues to work with the Iowa Department of Health in the prevention of tobacco sales to underage youth by completing tobacco compliance checks to area businesses. The compliance checks employ underage youth supervised by Dubuque Police Officers to confirm area businesses are not selling tobacco products to underage persons. The compliance check consists of the following: 1) An underage youth working with Dubuque Police Officers enters the permit holder business and requests the purchase of a pack of cigarettes or some type of smokeless tobacco. 2) The underage youth remains under direct supervision during the compliance check by the accompanying officers. 3) If asked, the underage youth is instructed to show their true underage identification to the employee/clerk. Additionally, the underage youth is instructed to truthfully answer all questions asked by the employee/clerk. 4) If a purchase is made, the youth leaves the business and meets with the officers at a predetermined location where an accounting of the purchase is completed. 5) Once the youth is away from the business, the investigating officer approaches the clerk, identifies him or herself and completes the investigation. In most cases this results in issuing a citation for selling tobacco products to an underage youth. 6) Once the clerk/employee has been cited, the officer attempts to contact the manager or owner telling them of the violation and the possible civil penalties. 7) Upon conclusion of the criminal disposition resulting in a guilty plea or conviction, initiation of the civil penalty to the business permit holder begins. The business permit holder civil penalty includes: Tc~ac+co Compll~lncre £~v~ P~naes _ k~wa Cade 4~3A.22 {a} 1~ Vinla#an» $3t1© line fib} ~"~ Vliola~e~n ~li#h~n ~ years; $'l,~i one or 3~ay sulapension ~c) 3`~'~~alafivn w~thlin 3 years: $1,~1p fi and 3t~day suatpensian (c!) 4~ Vielatiion within ~ years: $9~$~0 fine anc! ~Q~day euspens~n {~$~ 1ti4tation wii~tin ~ years. Revocatit-n DISCUSSION: When a tobacco compliance violation occurs and renders a guilty plea, the business holding the tobacco permit receives notice by certified mail of the violation. The notice includes notification of the allegation, a hearing complaint with court documentation of the plea, and an Acknowledgement/Settlement Agreement. The Acknowledgement/Settlement Agreement allows the permit holder to settle the matter prior to a formalized hearing. If the permit holder wishes to decline the public hearing, the permit holder acknowledges the violation, signs and returns the Acknowledgement/Settlement Agreement along with the appropriate fine payment. The following permit holders have received notification by certified mail of a tobacco compliance violation. As a result, Casey's General Store #2420, 2699 Rockdale Road and Kwik Stop, 4039 Pennsylvania Avenue have submitted payment and the Acknowledgement/Settlement Agreement acknowledging a first offense tobacco compliance violation. On November 6, 2008 contact was made with A.W.N. Stop Mart and Hy-Vee #2 regarding the status of their violations. Both businesses stated they would be submitting payment of the civil penalty and would not be requesting a hearing. .. .,, _ .' .~ s} F ., ~~. 3 . ..5~"' ~ ~', ~, ~ . je ~.... 1S January 25, 2008 A.W.N. Stop Mart 1S August 14, 2008 Casey's General Store 1S September 12, 2008 Kwik Stop 2" March 27, 2008 Hy-Vee #2 1998 Jackson Street 2699 Rockdale Road 4039 Pennsylvania Avenue 2395 Northwest Arterial James M. Scott Shawna M. Craft Eric G. Klossner Jennifer Beeves RECOMMENDATION: It is recommended the City Council accept and approve the attached Acknowledgement/ Settlement Agreements for a first offense tobacco compliance violation for Casey's General Store #2420, 2699 Rockdale Road and Kwik Stop, 4039 Pennsylvania Avenue. It is further recommended to approve, when received, the Acknowledgement/Settlement Agreements and payment amounts for first offense tobacco compliance violation for A.W.N. Stop Mart, 1998 Jackson Street and for the second offense tobacco compliance violation for Hy-Vee #2, 2395 Northwest Arterial if received by the City Clerk's Office by November 17, 2008. ACTION REQUESTED: City Council consideration to accept and approve the attached Acknowledgement/ Settlement Agreements for a first offense tobacco compliance violation for Casey's General Store #2420, 2699 Rockdale Road and Kwik Stop, 4039 Pennsylvania Avenue. It is further requested to approve, when received, the Acknowledgement/Settlement Agreements and payment amounts for first tobacco compliance violation for A.W.N. Stop Mart, 1998 Jackson Street and for the second offense tobacco compliance violation for Hy- Vee #2, 2395 Northwest Arterial if received by the City Clerk's Office by November 17, 2008. Cc: Barry Lindahl, Corporation Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk TOBACCO COMPLIANCE ACCEPTANCE ACKNOWLEDGMENT/SETTLEMENT AGREEMENT 1St VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Casey's General Store #2420 2699 Rockdale Road Dubuque, IA 52003 Casey's Marketing Company One Convenience Boulevard Ankeny, IA 50021-8045 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 17th day of November, 2008 in lieu of a public hearing on the matter, the Dubuque City Council approves the attached Acknowledgement/Settlement Agreement between the above-captioned permittee and the City of Dubuque. THEREFORE, the Dubuque City Council, FINDS that the above captioned permittee has remitted to the City of Dubuque a civil penalty in the amount of three hundred dollars ($300.00). Be advised that this sanction will count as a first violation of Iowa Code 453A.2(1), pursuant to Iowa Code section 453A.22(2)(a). IT IS THEREFORE ORDERED that the judgment in this matter is hereby satisfied. PASSED AND APPROVED this 17th day of November 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk TOBACCO COMPLIANCE ACCEPTANCE ACKNOWLEDGMENT/SETTLEMENT AGREEMENT 1St VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Kwik Stop 4039 Pennsylvania Avenue Dubuque, IA 52002 Rainbow Oil Company P.O. Box 768 Dubuque, IA 52004-0768 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 17th day of November, 2008 in lieu of a public hearing on the matter, the Dubuque City Council approves the attached Acknowledgement/Settlement Agreement between the above-captioned permittee and the City of Dubuque. THEREFORE, the Dubuque City Council, FINDS that the above captioned permittee has remitted to the City of Dubuque a civil penalty in the amount of three hundred dollars ($300.00). Be advised that this sanction will count as a first violation of Iowa Code 453A.2(1), pursuant to Iowa Code section 453A.22(2)(a). IT IS THEREFORE ORDERED that the judgment in this matter is hereby satisfied. PASSED AND APPROVED this 17th day of November 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk TOBACCO COMPLIANCE ACCEPTANCE ACKNOWLEDGMENT/SETTLEMENT AGREEMENT 1St VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: A.W.N. Stop Mart Inc. A.W.N. Stop Mart 1998 Jackson Street 1998 Jackson Street Dubuque, IA 52001 Dubuque, IA 52001 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 17th day of November, 2008 in lieu of a public hearing on the matter, the Dubuque City Council approves the attached Acknowledgement/Settlement Agreement between the above-captioned permittee and the City of Dubuque. THEREFORE, the Dubuque City Council, FINDS that the above captioned permittee has remitted to the City of Dubuque a civil penalty in the amount of three hundred dollars ($300.00). Be advised that this sanction will count as a first violation of Iowa Code 453A.2(1), pursuant to Iowa Code section 453A.22(2)(a). IT IS THEREFORE ORDERED that the judgment in this matter is hereby satisfied. PASSED AND APPROVED this 17th day of November 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk TOBACCO COMPLIANCE ACCEPTANCE ACKNOWLEDGMENT/SETTLEMENT AGREEMENT 2"d VIOLATION BEFORE THE DUBUQUE CITY COUNCIL I N RE: Hy-Vee #2 2395 Northwest Arterial Dubuque, IA 52002 Hy-Vee, Inc. 5820 Westown Parkway West Des Moines, IA 50266 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT SECOND VIOLATION On this date day of November 17, 2008 in lieu of a public hearing on the matter, the Dubuque City Council approves the attached Acknowledgement/Settlement Agreement between the above-captioned permittee and the City of Dubuque. THEREFORE, the Dubuque City Council FINDS that the above captioned permittee has remitted to the City of Dubuque a civil penalty in the amount of One Thousand five hundred dollars ($1,500.00). This sanction will count as a second violation of Iowa Code 453A.2(1), pursuant to Iowa Code section 453A.22(2)(b). IT IS THEREFORE ORDERED that the judgment in this matter is hereby satisfied. PASSED AND APPROVED this 17th day of November 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk