Tobacco Penalty Set HrgMEMORANDUM
September 11, 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 October 1 on
penalties for certain tobacco permit holders.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
CC:
Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Police Chief
DATE: September 7, 2001
TO: Michael C. Van Milligen, City Manager
FROM: Kim B. Wadding, Police Chief
RE: 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 five tobacco
permit holders.
BACKGROUND:
Since the beginning of the year 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 five businesses have received convictions for underage tobacco sales. The
businesses include:
1st
1st
1st
02/20/2001 Liquor Depot
02/27/2001 Wal Mart
07/12/2001 Eagle Food #320
07/12/2001 Econo Foods
07/26/2001 IOCO Speede Shoppe
1620 John F. Kennedy Road Timothy Gantz
4200 Dodge Street Nicholas Meyer
2050 John F. Kennedy Road Jessica Fitzgibbons
3355 John F. Kennedy Road Melissa Kennedy
1998 Jackson Street Khn Wieseler
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.
ACTION REQUESTED:
Request the City Council to set a hearing date regarding the assessing of a civil penalty to the
listed tobacco permit holders.