Tobacco Compliance Civil PenaltiesTO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tobacco Compliance -Civil Penalty for Tobacco Permit Holders
DATE: January 30, 2008
Chief of Police Kim Wadding is recommending acceptance and approval of the
Acknowledgment/Settlement Agreements for a first violation for Arby's Phillips 66, 300
South Locust, and HyVee, Inc., 3500 Dodge Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
1'I-IE CITY OF
DUB E
Masterpiece on the Mississippi
DATE: January 29, 2008
MEMORANDUM
TO: Michael C. Van Milligen
City Manager ~!
FROM: Kim B. Wadding ~
Police Chief ~h.l
RE: Tobacco Compliance -Civil Penalty for Tobacco Permit Holders
INTRODUCTION:
The purpose of this memorandum is to administer a first tobacco compliance civil violation
penalty to Arby's Phillips 66, 300 South Locust Street, and HyVee, 3500 Dodge Street,
regarding 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/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:
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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 Acknowledgement/Settlement
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.
Arby's Phillips 66 and HyVee, Inc. have submitted payment for the violation and the
Acknowledgement/Settlement Agreement acknowledging the 1st offense violation regarding
their respective business.
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for a first violation for Arby's Phillips 66, 300 South Locust and
HyVee, Inc., 3500 Dodge Street.
ACTION REQUESTED:
We request City Council consideration to accept, approve and sign the attached order
accepting the Acknowledgement/Settlement Agreements for a first tobacco compliance
violation for Arby's Phillips 66, 300 South Locust and HyVee, Inc., 3500 Dodge Street.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
The following permit holders have received notification by certified mail of a tobacco
compliance violation with a scheduled hearing date of February 4, 2008 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.
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Arby's Phillips 66
300 South Locust Street
Dubuque, IA 52003-7404
Liberty Station, LLC
3343 Center Grove Suite A
Dubuque, IA 52003
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 4th day of February, 2008 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 4th day of February, 2008.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
15t VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
HyVee
3500 Dodge Street
Dubuque,. IA 52003-5261
HyVee, INC
5820 Westown Parkway
West Des Moines, IA 52066
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 4th day of February, 2008 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 4th day of February, 2008.
Roy D. uol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk