Tobacco Penalty Hearings SetCITY OF DUBUQUE, IOWA
MEMORANDUM
July 31, 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 Klm Wadding is recommending that the City Council set a hearing for
August 20 to consider assessing the appropriate civil penalty regarding underage
tobacco sales concerning 13 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
Cindy Steinhauser, Assistant City Manager
Klm B. Wadding, Police Chief
DATE: July 12, 2001
TO:
Michael C. Van Milligen, City Manager
FROM: 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 heating to consider
assessing the appropriate civil penalty regarding underage tobacco sales concerning 13 tobacco
permit holders.
BACKGROUND:
From December 2000 through April 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 13 businesses have received a court disposition for underage tobacco
sales (11 convictions and two juvenile* dismissals but ordered to donate to charity). The
businesses include:
1st 12/29/00 Diamond Jo - Portside 400 East 3rd Street Cheryl A. Sample
2nd 01/30/01 Walgreen 555 JFK Road *Brandon Mills
1st 02/06/01 Oky Doky #I 250 West Ist Street *Elizabeth Bandy
1st 03/XX/01 Hartig Drug Company 2225 Central Avenue Shirley Noel
3rd 03/XX/01 IOCO Speede Shoppe 2335 University Avenue Jeuna Jackson
1st 03/XX/01 Kwik Shop 1685 JFK Road Marcia Glider
1st 03/XX/01 PuffN' Stuff 2013 Central Avenue loyce Hunter
1st 03/XX/01 Ron's Discount Gas & 1701 JFK Road Rachel Ryan
Smokes
3rd 04/05/0I IOCO Speed Shoppe 2150 Twin Valley Road Krisie Reiter
2nd 04/05/01 Five Points Mart 405 Rhomberg Avenue Katherine Mess
1st 04/20/01 Hartig Drug Company 2255 JFK Road Ronald Steuer
1st 04/20/01 Walgreen 2260 JFK Road Adam Waggoner
2nd 04/20/01 Tri-State GolfCenter I095 Cedar Cross Road Sharon Schroeder
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 heating as
follows:
1)
2)
3)
4)
For a first violation, the retailer shall be assessed a civil penalty in the mount
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.
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
heatings the violations are sustained, the Council would assess the appropriate civil penalty to
each business based upon the number of 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.