Tobacco Permit Holders PenaltieCITY OF DUBUQUE, IOWA
MEMORANDUM
March 1, 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 March 19th to consider
assessing a civil penalty of $300 against several tobacco permit holders who sold tobacco
products to underage persons.
I concur with the recommendation and respectfully request Mayor and City Council approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Kim B. Wadding, Police Chief
CITY OF DUBUQUE, IOWA
MEMORANDUM
DATE:
TO:
FROM:
RE:
February 16, 2001
Michael C. Van Miltigen, City Manager
Kim B. Wadding, Police Chief ~
Penalties for Tobacco Permit Holders
INTRODUCTION:
The purpose of this memo is to recommend the City Council set a hearing to consider assessing a
civil penalty of $300 against several tobacco permit holders who sold tobacco products to
underage persons.
BACKGROUND:
During December 2000 and January 2001 tobacco compliance checks were completed at several
establishnents throughout Dubuque to ensure tobacco sales were not sold to underage persons.
The compliance checks used trained underage volunteers under the supervision of police officers.
Of the compliance checks completed, 12 businesses have had their employees receive a
conviction for underage tobacco sales. The businesses include:
12/29/00 Five Points Mart 405 Rhomberg Martin James Frank
12/29/00 Eagle's #130 1800 Elm Street Jamie L. Meyer-Palm
12/29/00 Hartig Drug 157 Locust Street Katrina Burlage
01/04/01 Busted Lift 180 Main Street Dana Marie Weitz
01/04/01 Cue Master Billards 900 Central Avenue Gloria Jean McDonald
01/04/01 Instant Replay 1602 Central Avenue Leo James Bisping
01/04/01 Madhatter's Inc. 1091 Main Street Eric John Krieger
01/06/01 Oky Doky Foods 1101 Rhomberg Ronald J. Meloy
01/06/01 Shannon's Bar & Grill 521 East 22nd Street Patti Jo Shannon
01/18/01 Grandview Milkhouse 620 South Grandview James T. Jacobsen
01/30/01 Dubuque Inn 3434 Dodge Street Christine A. Kennedy
0t/30/01 Midway Hotel/Hoffman 3100 Dodge Street Kathleen M. Fischer
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 a hearing. For a first
offense violation there is a civil penalty of $300. The listed permit holders would be considered
first violation offenders. Two businesses, Hartig Drag and Cue Master Billards, have had a
previous offense but the violations exceeded two years from the first offense reverting the
offense to a first violation.
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 assess a civil penalty of $300 against the eleven
establishments listed.
ACTION REQUESTED:
Request the City Council to set a hearing date regarding the assessing of a civil penalty to the
listed tobacco permit holders.
HECKMANN & MURPHY
An Association of Sole Practitioners
175 Westmark Profeasional Building
1660 Embassy West Drive
Dubuque, Iowa 52002
Telephone (319) 589-7000
Facsimile (319) 589-7005
James M. Heckmann Law Offices, P.C.*
Email JamasHeckmannt~tol.com
*Also licensed in Illinois
Robert J. Mmphy
Email mur12345~aol.com
February 23, 2001
Jeanne Schneider, City Clerk
City of Dubuque
13a and Main
Dubuque, Iowa 52001
Il, e: Midway Hotel--Hofl'man House -- Alleged unlawful cigarette sale 1/30/01
Dear Jeanne:
My client, the Midway Hotel, has been notified that they have been charged with
selling cigarettes to a minor on January 30, 2001 per the attached letter from Chief Kim
B. Wadding.
The Midway Hotel regrets the incident. Rest assured that it has taken appropriate
steps to ensure that such sales do not happen again.
The Midway Hotel desires to dispense with the City Council hearing referred to in
Chief Wadding's letter. Enclosed is a check payable to the City of Dubuque in the sum
of $300.00 in satisfaction of the maximum civil penalty that could be assessed at that
hearing.
Thank you, and the City Council, for your kind consideration.
Very Truly Yours,
/s/ James M. Heckmann
Cc~
Dan Gaab
Ron Cavanagh
Chief Kim B. Wadding
Barry Lindahl