Tobacco Holders PenaltiesCITY OF DUBUQUE, IOWA
MEMORANDUM
March 27, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Penalties for Tobacco Permit Holders
Chief of Police Kim Wadding is recommending that a hearing be set for April 16, 2001, to
consider assessing the appropriate civil penalty regarding underage tobacco sales concerning six
tobacco permit holders.
I concur with the recommendation and respectfully request Mayor and City Council approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Kim B. Wadding, Police Chief
CITY OF DUBUQUE, IOWA
MEMORANDUM
DATE: March 16, 2001
TO:
FROM:
RE:
Michael C. Van Milligen, City Manager
Kim B. Wadding, Police Chief
penalties for Tobacco Permit Holders
INTRODUCTION:
The purpose of this memo is to recommend that the City Council set a hearing to consider
assessing the appropriate civil penalty regarding underage tobacco sales concerning six tobacco
permit holders.
BACKGROIFND:
During December 2000, January 2001, and February 2001, tobacco compliance checks were
completed at several establishments throughout Dubuque to ensure tobacco sales compliance.
The compliance checks used trained underage volunteers under supervision of police officers.
Of the compliance checks, employees of the listed six businesses have received a conviction for
underage tobacco sales. The businesses include:
2na 12/i2/00 Casey's General Store 2699 Rockdale Road Mmy Frances
2~ I2/12/00 IOCO Speede Shoppe 2150 Twin Valley Road Jennifer A. Hammel
2nd 12/12/00 Oky Doky Foods 1256 Iowa Street Kimberly E. Erickson
1a 12/12/00 Kwik Stop 280 Locust Street James Francis Kelly
Ist 02/06/01 Kwik Stop 2320 Highway 61 Melinda E. Dolan
3rd 02/06/01 Wareco 700 Rhomberg George Hollister
DISCUSSION:
Section 453A.22 of the Iowa Code provides that in addition to penalties paid by employees, the
State or local authority shall assess a penalty against the permit holder after the hearing as
follows:
1) For a first violation, the retailer shall be assessed a civil penalty in the amount
of three hundred dollars. Failure to pay the civil penalty as ordered shall result
in automatic suspension of the permit for a period of fourteen days.
2)
3)
4)
For a second violation within a period of two years, the retailer's permit shall
be suspended for a period of thirty days.
For a third violation within a period of three years, the retailer's permit shall
be suspended for a period of sixty days.
For a fourth violation within a period of three years, the retailer's permit shall
be revoked.
RECOMMENDATION:
It is recommended that the City Council set a hearing for the above permittees. If after the
hearings the violations are sustained, the Council would assess the appropriate civil penalty to
each business based upon the number of violations. As shown by the table, Kwik Stop (280
Locust Street) and Kwik Stop (2320 Highway 61) are first offense violations. Casey's General
Store (2699 Rockdale Road), IOCO Speede Shoppe (2150 Twin Valley Road), and Oky Doky
Foods (1256 Iowa Street) are second offense violations and Wareco (700 Rhomberg) is a third
offense violation. There were no fourth offense violations.
ACTION REQUESTED:
Request the City Council to set a hearing date regarding the assessing of a civil penalty to the
listed tobacco permit holders.