Tobacco Compliance Hearing_AWN Stop Mart 2TOBACCO COMPLIANCE
ASSESSING PENALTY
1 ~ VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE: AWN Stop Mart
AWN Stop Mart #2 1401 Central Avenue
1401 Central Avenue Dubuque, Iowa 52001-4853
Dubuque, IA 52001-4853 ORDER ASSESSING PENALTY
FIRST VIOLATION
On this 22nd day of January, 2008, after a public hearing on the matter, the
Dubuque City Council finds that based upon evidence submitted by the Dubuque Police
Department, the above-captioned permittee committed a violation of Iowa Code section
453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or
cigarettes to any person under eighteen years of age.
THEREFORE, the Dubuque City Council, hereby orders that a civil penalty in the
amount of $300.00 be remitted by the above-captioned permittee, to the City of
Dubuque, check made payable to the City of Dubuque on or before February 15, 2008
(30 days from the date of this order}. This sanction will count as a first violation of Iowa
Code section 453A.2(1), pursuant to Iowa Code section 453A.22(2)(a). Be advised that
failure to pay the civil penalty by this date shall result in the automatic permit
suspension for a period of fourteen (14) days in addition to the $300.00 fine.
PASSED AND APPROVED this 22"d day of January 2^^4
Attest:
~~
Jeanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE COMPLAINT
1~ VIOLATION
IN RE: AWN Stop Marl
AWN Stop Mart #2 1401 Central Avenue
~ 1401 Central Avenue : Dubuque, Iowa 52001-4853
Dubuque, IA 52001-4853 HEARtNCi COMPLAINT
The City of Dubuque hereby makes the following complaint against the above-
named pertnittee.
1. Iowa Code section 453A.2(1) provides that a person shall not "sell, give or
otherwise supply any tobacco, tobacco products, or cigarettes th any person under
eighteen years of age."
2. Iowa Code section 453A22{2xa) provides that if a permit holder or
employee of a permit holder has violated Iowa Code section 453A.2(1), the permit
holder shall be assessed a civil penalty of three hundred dollars (3300.00) for a first
violation of Iowa Code section 453A.2(1).
3. On or about 10!4!2007, the permittee or an employee of the permittee add
cigarettes or tobacco products b a person under eighteen years of age. A copy of the
Compliance Check or Criminal Convidion is attached and incorporated herein.
4. Therefore, in accordance with Iowa law, the City of Dubuque requests the
Dubuque City Council find a violation of the above-referenced sections of Iowa Code
chapter 453A and assess a cMl penalty in the amount of three hundred dollars
against AWN Stop Mart #21401 Central Avenue Dubuque, IA 52001-4853.
Kim S. Wadding, Police Chid
Dubuque Police Department
770 Iowa Street
Dubuque,lA 52002
(563)589-4411
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THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
'`~
2007
SUBJECT: Tobacco Compliance -AWN Stop Mart Hearing January 22, 2008
DATE: January 17, 2008
Chief of Police Kim Wadding is recommending that the Mayor and City Council hold a
tobacco compliance hearing on the 1St offense penalty violation regarding the October 4,
2007 violation concerning AWN Stop Mart, 1401 Central Avenue, to determine if the
$300 fine should be assessed.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~~
<t
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
THE CTTY OF
DUB E
Masterpiece on the Mississippi
DATE: January 17, 2007
MEMORANDUM
TO: Michael C. Van Milligen
City Manager
FROM: Kim B. Wadding
Police Chief
RE: Tobacco Compliance -AWN Stop Mart Hearing January 22, 2008
INTRODUCTION:
The purpose of this memorandum is to provide background material regarding a tobacco
compliance violation alleged to have occurred October 4, 2007 at the AWN Stop Mart #2,
1401 Central Avenue in violation of Iowa code § 453A.22 (2). The hearing is scheduled for
the City Council meeting January 22, 2008.
BACKGROUND:
In cooperation with the Iowa Department of Health in the prevention of tobacco sales to
underage youth, the police department conducts periodic tobacco compliance checks to
area tobacco license holders to ensure compliance with Iowa code § 453A.22 (2) regarding
the sale of tobacco products to underage persons.
On October 4, 2007 the Dubuque Police Department conducted a number of these tobacco
compliance checks. The compliance checks employ underage youth supervised by
Dubuque Police Officers. 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:
Ta :~..+",~~i~iant~ Cliv~l Per~al>~il ~,-=; Cow°4~. _~ ... '
{a} ~~t Vic~atic~rr,. ~:~~ find ~ ~ p~~ ;:~ ;~ ;
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DISCUSSION:
On October 4, 2007 at 4:55 P.M. the police department conducted a tobacco compliance
check at AWN Stop Mart, 1401 Central Avenue. During the compliance check an officer
from the police department entered AWN Stop Mart #2 and observed while a 17 year old
tobacco monitor entered and approached the female clerk and requested the purchase of
pack of cigarettes. The female clerk sold the tobacco monitor a pack of Marlboro Red
cigarettes for $4.73 without asking for identification. After the transaction, the clerk was
approached by the officer and issued a citation for providing tobacco to a minor in violation
of Iowa code § 453A.2 (1 ). According to Iowa District Court on-line reporting, the female
clerk plead guilty to the offense October 19, 2007 and was fined $182.
On November 5, 2007 two certified letters (one to the business and one to the tobacco
license holder) were sent to AWN Stop Mart at 1401 Central Avenue explaining the
violation and to give notice regarding the civil penalty for violation of Iowa's Tobacco law
453A.22 (a). The correspondence contained the Hearing Complaint, the police report and
the guilty plea of the employee. Additionally, the correspondence contained an
Acknowledgement/Settlement Agreement allowing the acceptance of the violation and the
payment of the 1St offense civil penalty of $300. The correspondence established a City
Council hearing date of Monday, December 17, 2007. If an agreement is achieved, the
Acknowledgement/Settlement Agreement is returned with payment and the hearing is
cancelled.
As the December 17, 2007 hearing date approached, Corporal Steve Eastvedt contacted
Waseem Choudry, the owner of AWN Stop Mart #2 regarding the violation and was told
Waseem Choudry intended to be present at the December 17, 2007 hearing. On December
17, 2007 Waseem Choudry did not present himself at the hearing or accept the violation
through the Acknowledgement/Settlement Agreement with the payment of the fine.
As a result, a new hearing date was set by the City Council for January 22, 2007 6:30 P.M.
On January 3, 2008 Waseem Choudry personally received notice of the hearing coupled
with a posted copy at the business. The notice contained a NOTICE AND ORDER
SETTING HEARING ON APPLICATION FOR DETERMINATION REGARDING TOBACCO
COMPLIANCE VIOLATION 1ST OFFENSE and attachments that included the original
Hearing Complaint, the officer report, and the Iowa District Court on-line disposition report
showing the employee guilty plea and assessment of fine.
RECOMMENDATION:
It is recommended the City Council hold a tobacco compliance hearing regarding the 1St
offense civil penalty violation regarding the October 4, 2007 violation concerning AWN Stop
Mart, 1401 Central Avenue, to determine if the civil penalty should be assessed.
ACTION REQUESTED:
We request City Council to hold a tobacco compliance hearing regarding the 1St offense
civil tobacco compliance penalty violation concerning AWN Stop Mart, 1401 Central
Avenue, to determine if the tobacco compliance civil penalty should be assessed.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
BEFORE THE CITY COUNCIL
OF
THE CITY OF DUBUQUE, IOWA
In the Matter of AWN Stop Mart,
1401 Central Avenue, Dub4gue, Iowa
NOTICE AND ORDER SETTING HEARING
ON
APPLICATION FOR DETERMINATION REGARDING TOBACCO COMPLIANCE
VIOLATION 1sT OFFENSE
The Application for Determination regarding Tobacco Compliance Violation, 1~
Offense having been filed by the City Manager with the City CounciE to determine
whether the tobacco pennittee, AWN Stop Mart, 1401 Centrat Avenue, Dubuque, Iowa
constitutes a first violation of Iowa's Tobacco law § 453A.22 (a), and the City Counts!
having determined that a hearing should be set on the Application and Notice thereof
provided to the tobacco permit holder.
You are hereby notified that a hearing is set for the 22"d day of Janua , 2008,
6:30 o'clock P.M. at the Historic Federal Building, 2"d floor, 350 West 6 Street,
Dubuque, Iowa, on the Application for Determination regarding Tobacco Compliance
Violation, 1 ~ Offense, a copy of which is attached hereto.
A copy of this Notice shall be posted on the building at 1401 Central Avenue and
a copy shall be delivered personally to business owner, Waseem Choudhry.
Dated this day of ,~~~ , 2007.
D
Roy . Buol, Mayor
STATE OF IOWA )
ss.
COUNTY OF DUBUQUE )
I certify receipt of the attached notice for service on ~t d3 08 and that I
served it on each defendant named below by:
(a) delivering to the defendant a true copy at the time and place set forth
opposite the defendant's name below.
Name Date Township County State
Waseem Choudhry Dubuque Dubuque Iowa
CERTfFICATE :OF SERVICE
The undersigned hereby certifies that a genuine copy of the foregoing document was
served by personal service upon the persons named below arad at the addresses
indicated on the ~~~ day of .
~Pt~~~;~2.-~~ 2~8
Dated: ca ~ / ~3 / ~* L~
Offc Signat I.D. No.
Served on:
fihe Person of ~
Waseem Choudhry
1.998 Jackson
Hanover, IL 61041,
The Business of
AWN Stop Mart
1401 Central Avenue
Dubuque, Iowa 52001-4853
Subscribed and sworn before me, a Notary Public in the State of Iowa, this
day of
~~~~
Notary Public, In an
~~ CommiselOrt Number i 57157
w~c- !All Comm. Exp. Alta 2, 2C''
STATE OF IOWA
COUNTY OF DUBUQUE
ss.
I certify receipt of the attached notice for service on ~~ ~3 aS and that I
served it on each defendant named below by:
(a) delivering to the defendant a true copy at the time and place set forth
opposite the defendant's name below.
Name Date Township County State
Waseem Choudhry Dubuque Dubuque Iowa
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a genuine copy of the foregoing document was
served by personal service upon the persons named below and at the addresses
indicated on the ~~~ day of
Dated: a~ / ~3 / a~
Served on:
The Person of
Waseem Choudhry
1998 Jackson
Hanover, IL 61041
The Business of ~'
AWN Stop Mart
1401 Central Avenue
lZubuque, Iowa 52001
Office ignature I.D. No.
Subscribed and sworn before me, a Notary Public in the State of Iowa, this ~ Y
day of Deeee}f3e~-29
J o~.cnvlaV~ a-Odg
~'~-, n,w`-Z
Notary Public, In, a
F Comm~eaioa Numbar tar~aa~
• •.- Atr Comm. "exp. AUO $ ?AOS
THE CITY OF DUbUgU@
DUB E ~-~
~ ~
Masterpiece on the Mississippi
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: December 13, 2007
Chief of Police Kim Wadding is recommending approval of the Acknowledgment/
Settlement Agreements accepting the tobacco compliance violation for tobacco permit
holders, which includes Casey's General Store, 4003 Peru Road; Kwik Stop, 2390
Central Avenue; and Key West Conoco, 2150 Twin Valley Drive.
Hartig Drug Company at 2225 Central Avenue is allowed by State law to use an
affirmative defense option because their employee holds a valid Certificate of
Completion of the Tobacco Compliance Employee Training Program. Chief of Police
Kim Wadding is recommending the City Council acknowledge the exercise of the
affirmative defense for Hartig Drug Company.
AWN Stop Mart intends to have a hearing on their violation at 1401 Central Avenue.
I concur with the recommendations and respectfully request that the Mayor and City
Council approve those recommendations and set a hearing date for AWN Stop Mart.
/ `~ L
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry I_indahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
THE CITY OF
SUB E
Masterpiece on the Mississippi
DATE: December 10, 2007
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 a first tobacco compliance violation civil
penalty to Casey's General Store, 4003 Peru Road; Kwik Stop, 2390 Central Avenue; Key
West Conoco, 2150 Twin Valley Drive; AWN Stop Mart #2, 1401 Central Avenue; and a
third tobacco compliance violation to Hartig Drug Company, 2225 Central Avenue
regarding violation of Iowa code § 453A.22 (2).
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%lerk.
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:
~~~ 1"~'~iat~#fc~h: ~304~~i'ne
~~j ~"d lfiolfaCi+~n w~tfiln `~ years:
~~ ~'~ ll~~n vitithin 3 y®ar~. ~~
E~ 4`~ V~o.~at,~n wiithio 3 y~aars:
~~e~~rlties -~ ~fa-wa Gade 44i~
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 AcknowledgementlSettlement
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 Acknowledgment/Settlement Agreement along with the
appropriate fine payment.
Acknowledgement/Settlement Agreements agreeing with the violation and submitting
payment have been received from Casey's General Store, Kwik Stop, and Key West
Conoco. AWN Stop Mart #2, owner Waseem Choudry, reports he intends to be present at
the hearing December 17, 2007. .
Regarding the third offense for Hartig Drug Company, Vice-President John Meyer, has
submitted a request to use the affirmative defense option as allowed by Iowa Code §
453A.22 (3). Iowa Code § 453A.22(3) provides that, "If an employee of a retailer violates
section 453A.2, subsection 1, the retailer shall not be assessed a penalty under subsection
2, and the violation shall be deemed not to be a violation of section 453A.2, subsection 1,
for the purpose of determining the number of violations for which a penalty may be
assessed pursuant to subsection 2, if the employee holds a valid certificate of completion of
the tobacco compliance employee training program pursuant to section 453A.5 at the time
of the violation. A retailer may assert only once in a four-year period the bar under this
subsection against assessment of a penalty pursuant to subsection 2, for a violation of
section 453A.2, that takes place at the same place of business location."
The following permit holders have received notification by certified mail of a tobacco
compliance violation with a scheduled hearing date of December 17, 2007 at 6:30 P.M.
before the City Council. If agreement is achieved, the Acknowledgment/Settlement
Agreement is returned with payment and the hearing is cancelled.
In this incident, the violation did occur in the same place of business and Sally Wemimont,
the employee, did possess at the time of the violation a valid certificate of tobacco
compliance training as require by Iowa code § 453A.5.
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for a first violation for Casey's General Store, 4003 Peru Road;
Kwik Stop, 2390 Central Avenue; and Key West Conoco, 2150 Twin Valley Drive. It is
further recommended to hold a hearing for AWN Stop Mart, 1401 Central Avenue regarding
the 1St civil violation and to acknowledge the exercise of the affirmative defense for Hartig
Drug Company concerning their third violation occurring September 20, 2007.
ACTION REQUESTED:
We request City Council consideration to accept, approve and sign the attached order
accepting the AcknowledgementlSettlement Agreements for a first tobacco compliance
violation for Casey's General Store, 4003 Peru Road; Kwik Stop, 2390 Central Avenue; and
Key West Conoco, 2150 Twin Valley Drive. It is further requested to hold a hearing for
AWN Stop Mart, 1401 Central Avenue regarding their 1St civil tobacco compliance violation
and acknowledge the exercise of the affirmative defense option regarding the third violation
for Hartig Drug Company occurring September 20, 2007.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
18t VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
iN RE:
Casey's General Store
4003 Peru Road
Dubuque, IA 52001-8609
Casey's Marketing Company
P.O. Box 3001
Ankeny, Iowa 50021-8045
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 17~' day of December, 2007 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). tT IS
THEREFORE ORDERED that the judgment in this matter is hereby satisfied.
PASSED AND APPROVED this/~~day of December 2007.
Roy D uol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1gt VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Kwik Stop
2390 Central Avenue
Dubuque, IA 52001
Rainbow Oil Company
P.O. Box 768
Dubuque, lows 52004-0768
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 17~' day of December, 2007 in lieu of a public hearing on the matter, the
Dubuque City Counci! 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 thisday of December 2007.
ty,
Roy D. uol, Mayor
Attest:
~~
eanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
18t VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Key West Conoco
2150 Twin Valley Drive
Dubuque, IA 52003-7983
Rainbow Oil Company
P.O. Box 768
Dubuque, Iowa 52004-0768
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 17~' day of December, 2007 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 /day of December 2007.
Roy Buol, Mayor
Attest:
~~
eanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE COMPLAINT
1ST VIOLATION
IN RE:
AWN Stop Mart #2
1401 Central Avenue
Dubuque,lA 52001-4853
AWN Stop Mart
1401 Central Avenue
Dubuque, Iowa 52001-4853
HEARING COMPLAINT
The City of Dubuque hereby makes the following complaint against the above-
named permittee.
Iowa Code section 453A.2(1) provides that a person shall not "sell, give or
otherwise supply any tobacco, tobacco products, or cigarettes to any person under
eighteen years of age."
2. Iowa Code section 453A.22(2)(a) provides that if a permit holder or
employee of a permit holder has violated Iowa Code section 453A.2(1), the permit
holder shall be assessed a civil penalty of three hundred dollars ($300.00) for a first
violation of Iowa Code section 453A.2(1).
3. On or about 10!4/2007, the permittee or an employee of the permittee sold
cigarettes or tobacco products to a person under eighteen years of age. A copy of the
Compliance Check or Criminal Conviction is attached and incorporated herein.
4. Therefore, in accordance with Iowa law, the City of Dubuque requests the
Dubuque City Council find a violation of the above-referenced sections of Iowa Code
chapter 453A and assess a civil penalty in the amount of three hundred dollars
against AWN Stop Mart #2 1401 Central Avenue Dubuque, IA 52001-4853.
Kim B. Wadding, Police Chi
Dubuque Police Department
770 Iowa Street
Dubuque, IA 52002
(563) 589-4411
DPU "104-12-96
DUHUQI)E POLICE, UEPART\fENT
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Cliacges
Charges, Dispositions, Sentences
Title: STATE vs. OMEARA, VIOLA MARY
Case: 0131 i STWE722473 (DUBUQUE)
Uefeudnnf: OMEARA, VIOLA MARY
Cc~unt_U1 Charge
Charge: 453A.2(I)-C
Offense Date: 10/04/2007
~djudicatioTi
Charge: 453A.2(1)-C
A~j.: GUILTY -
NEGOTIATED/VOLUN PLEA
At1j.Jucige: ,
Comments:
Seltiteitce
Charge: 453A.2(i)-C
Sentence 10/19/2007
Date:
Appeal:
Facility 'Type:
Restitution:
Lic.lievokecl:
tagc,..,~
Description: i ST OFFENSE -EMPLOYEE PROVIDING TOBACCO TO
MINOR
Arrest Date: Against Type:
Description: IST OFFENSE -
EMPLOYEE PROVIDING TOBACCO TO MINOR
Adj.Date: 10/19/2007
Uescriptiai: IST OFFENSE -
EMPLOYEE PRUVIDING TOBACCO TO M[NOR
Sentence: FINE
Sen.Judge: ,
Attorney:
llrug:
DDS:
Cxh•adition:
Bitterer:
httpa/www.icnvacourts.state.ia.us/ESAWebApp~T'ViewCharges?G'omPrinterFriendlyPage=yes 11/1/2007
Financials
r agc ~ v, ,
l~inancinls
"Title: S~"ATL vs. OMEARA, VIOLA MARY
Case: 0131 1 STWC722473 (DUBUQUE)
Swiuuai~y Orig 'aid Due
COSTS 50.00 50.00 0.00
FINE ~ 100.00 100.00 0.00
SURCHARGE 32.00 32.00 0.00
RESTITUTION 0.00 0.00 0.00
OTHER 0.00 0.00 0.00
$182.00 $182.00 $0.00
SUPPORT/ALIMONY N/A O.OU N/A
Pay-or/ OUligor/
lletajl Org t11~~cLunt
Payee Ou~igee
~.d~niouut ~a~e Re~pt
~~Yp~
htt4~://www.iowacourts.state.ia.us/ESAWeUApp~"TViewFinancials?frumPrinterFriendlyPage=yes l 1/1/2007
TOBACCO COMPLIANCE
ACKNOWLEDGMENT OF AFFIRMATIVE DEFENSE
3`~ VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Hartig Drug Company
2225 Central Avenue
Dubuque, IA 52001-3506
Hartig Drug Company, Inc.
703 Main Street
Dubuque, Iowa 52004-0709
ACKNOWLEDGMENT OF
AFFIRMATIVE DEFENSE
THIRD VIOLATION
An employee of the above-named permittee has been charged with a violation of
Iowa Code § 453A.2(1). The permittee has asserted the affirmative defense in §
453A.2(3).
Iowa Code § 453A.22(3) provides that, "If an employee of a retailer violates
section 453A.2, subsection 1, the retailer shall not be assessed a penalty under
subsection 2, and the violation shall be deemed not to be a violation of section 453A.2,
subsection 1, for the purpose of determining the number of violations for which a
penalty may be assessed pursuant to subsection 2, if the employee holds a valid
certificate of completion of the tobacco compliance employee training program pursuant
to section 453A.5 at the time of the violation. A retailer may assert only once in a four-
year period the bar under this subsection against assessment of a penalty pursuant to
subsection 2, for a violation of section 453A.2, that takes place at the same place of
business location."
The City Council finds as follows:
{1) The employee held a valid certificate of completion of the tobacco
compliance employee training program pursuant to Iowa Code § 453A.5 at the
time of the violation.
(2) The permittee has not asserted the defense in § 453A.2(3) in the
preceding afour-year period for a violation of § 453A.2(2), that took place at the
same place of business location."
Therefore,. the permittee shaA not be assessed a penalty ~.:nder Iowa Lode ~
453A.2(2), and the violation shall be deemed not to be a violation of Iowa Code §
453A.2(1), for the purpose of determining the number of violations for which a penalty
may be assessed pursuant to Iowa~jC~o.~de § 453A.2(2).
PASSED AND APPROVED this~i day of December 2007.
V
Roy D uol, Mayor
Attest:
eanne Schneider, CMC, City Clerk
DEC-10-2007 MON 03 51 Pt1 CORP LOWER LEVEL FAX N0, p, 02
~r~
703 Main Strcet
DUbuquc,lA 52004-0709
1'honc: (5G3) 588-8700,1?xt 221
Fax: (SG3)588-8750
o-tnnil: llll~tpiltl)l r i~rli~+drt~8~~tiR1
L)cccmbrr 10, 2007
I'olicc t;liicf Kim {3. WAtl~ting
Cpl. Stcvc Eustvult
DuUucluc I'oliccs l~cl-arimant
1.aw Lnforccincnt Gcnter
770 Iowa Strcet
P.n. Box X75
I)uhuqu~,1A 52004--0875
Rc:: Aflirmativcl)cfenso--C.a.SCi107-41170
F.mploycc Sally Kay Wcrnirnont
}{artig i)rug Compsiny, Ccntrul Avcituc
Harlig I)rus Company would like to apply the Affixnative Defense resarding the Civil
1'cnalty in the above referenced case.
tl'yuu neui additianai infonuation, pleusc feel free to contact me.
'1'hnnk you,
Sincor~ly,
_~ ~i Mcycr
- Vicc Pttisident of Stare Opcrt-liotts
ll;irtig I)rttb CrnnpaiLy
Page 1 of 1
State of Iowa
Alcoholic Beverages Division
Training Certificate
Presented to
Sall ~i~e~n im on t
Y
As a participant in the Iowa Pledge Retailer Training
Program and for partnering with the Iowa Alcoholic Beverages
Division to not sell tobacco products to Iowa's kids
Dated September 30, 2005
Expires Expires September 30, ?007
n
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Lynn M. Walding, Administrator
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