Tobacco Permit PenaltiesMEMORANDUM
October 29, 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 November 19
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
Klm B. Wadding, Police Chief
DATE:
TO:
FROM:
RE:
October 24, 2001
Michael C. Van Milligen, City Manager
Kim B. Wadding, Police Chief
Penalties for Tobacco Permk 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 conceming six 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 and
*Kalmes Breaktime Bar received a conviction of selling cigarettes while tobacco license was
expired. The businesses include:
3rd
2nd
1st
1 st
07/12/01
07/26/01
07/26/01
07/26/01
Amoco Food Shop
16t~ Street Auto-Truck Plaza
Clark Retail Enterprise
Dempsey's & Molly's
Knicker's Saloon
1450 Loras Blvd.
1215 East 16t~ Street
700 Rhomberg Avenue
395 West 9t~ Street
Kendra Jean Sweeney
Eric John Caspers
Nicholas D. Krug
Tobi Sorenson
1st 08/14/0I 2186 Central Avenue Thomas J. Milligan
1st Lic/Violation 08/14/01 *Kalmes Breaktime Bar 1097 Jackson Street Theresa Kalmes
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:
t) For a first violation, the retailer shall be assessed a civil penalty in the amount
2)
4)
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 oftkree 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 axe 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.