Tobacco Compliance_ViolationsTO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tobacco Compliance -Civil Penalty for Tobacco Permit Holders
DATE: June 11, 2008
Chief of Police Kim Wadding is recommending approval to accept, approve and sign an
order accepting the Acknowled~gment/Settlement Agreements for a first tobacco
compliance violation for the 16t Street Auto Plaza, HyVee, Inc., Oky Doky #2,
Econo Foods #471, Kwik Stop, and Plaza 20 BP, a second tobacco compliance
violation for Oky Doky #8, and Casey's General Store, and a third tobacco compliance
violation for Hartig Drug Company #4.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~~.
Mi hael C. Van Milligen - .
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
THE CITY OF ^~
DUB E
Masterpiece orx the Mississippi
DATE: June 6, 2008
MEMORANDUM
TO: Michael C. Van Milligen
City Manager
FROM: Kim B. Waddin
Police Chief
RE: Tobacco Compliance -Civil Penalty for Tobacco Permit Holders
INTRODUCTION:
The purpose of this memorandum is to administer the civil tobacco compliance violation
penalty regarding Iowa Code § 453A.22 (2) to the following businesses: 1St offense violation
to 16th Street Auto Plaza, 1215 East 16th Street; HyVee, Inc, 400 South Locust; Oky Doky
#2, 51 West 32"d Street; Econo Foods #471, 3355 JFK Circle; Kwik Stop, 2335 University;
Plaza 20 BP, 2600 Dodge; 2"d offense violation to Oky Doky #8, 535 Hill Street and
Casey's General Store, 4003 Peru Road; and 3~d offense violation to Hartig Drug Company
#4, 703 Main Street.
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:
Tobacco Compliance Civit Penalties -Iowa Cod® 453A.22
(a) 1St Violation. $300 fine.
(b) 2"~ Violation within 2 years: $1,500 fine or 30-day suspension
(c) 3~d Violation within 3 years: $1,500 fine and $0-day suspension
(d} 4~' Violation within 3 years: ~1,SOO~~ne and BO-ctay suspension
(e) 5"' Violation within 4 years: Revocation
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.
The following permit holders have received notification by certified mail of a tobacco
compliance violation. As a result, the 16th Street Auto Plaza, HyVee, Inc., Oky Doky #2,
Econo Foods #471, Kwik Stop, and Plaza 20 BP have submitted payment and the
Acknowledgement/ Settlement Agreement acknowledging a 1St offense compliance
violation. Oky Doky #8 and Casey's General Store have submitted payment and the
Acknowledgement/Settlement Agreement regarding a 2"d offense compliance violation.
Hartig Drug Company #4 has submitted payment and the Acknowledgement/Settlement
Agreement regarding a 3~d offense compliance violation. Coupled with the fine payment,
Hartig Drug Company #4 will serve a 30-day tobacco license suspension from July 28,
2008 to August 26, 2008.
Offense
Violation
1 s Violation Date
December 13, 2007 Business
16 Street Auto Plaza Address
1215 East 16 Street Employee
Anthony J. Summer
1S January 31, 2008 HyVee, Inc. 400 South Locust Emily M. Conzett
1 S February 14, 2008 Oky Doky #2 51 West 32 Street Christina M. Peterson
1S February 21, 2008 Econo Foods #471 3355 JFK Circle Amber L. Heins
15 February 28, 2008 Kwik Stop 2335 University Rabindra R. Aryal
1 S February 28, 2008 Plaza 20, BP 2600 Dodge Street Lana M. Sheldon
2" January 31, 2008 Oky Doky #8 535 Hill Street Phyllis M. Butteris
2" March 20, 2008 Casey's General Store 4003 Peru Road Michael A. Schroeder
3~ March 30, 2008 Hartig Drug Company #4 703 Main Street Jacob E. Kretz
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for a first tobacco compliance violation for the 16th Street Auto
Plaza, HyVee, Inc., Oky Doky #2, Econo Foods #471, Kwik Stop, and Plaza 20 BP, a
second tobacco compliance violation for Oky Doky #8 and Casey's General Store, and a
third tobacco compliance violation for Hartig Drug Company #4.
ACTION REQUESTED:
City Council consideration to accept, approve and sign the attached order accepting the
Acknowledgement/Settlement Agreements for a first tobacco compliance violation for the
16th Street Auto Plaza, HyVee, Inc., Oky Doky #2, Econo Foods #471, Kwik Stop, and
Plaza 20 BP, a second tobacco compliance violation for Oky Doky #8 and Casey's General
Store, and a third tobacco compliance violation for Hartig Drug Company #4.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE.
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
I N RE:
16th Street Auto Plaza
1215 East 16th Street
Dubuque, IA 52001
On this 16th day of June, 2008 in lieu of a public hearing on the matter, the
Mulgrew Oil
P.O. Box 894
Dubuque, IA 52004
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
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 16th day of June 2008.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Hy Vee #3
400 South Locust Street
Dubuque, IA 52003
On this 16t" day of June, 2008 in lieu of a public hearing on the matter, the
Hy Vee, Inc.
5820 Westown Parkway
West Des Moines, IA 50266
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
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/~i~ day of June 2008.
~/~~-~1
~t
Roy D. B~ol, Mayor
Attest:
~J~~1~~ -
Jeanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:'
Oky Doky #2
51 West 32nd Street
Dubuque, IA 52001
TFM Company
P.O. Box 300
Dubuque, IA 52004
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 16t" day of June, 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~~~day of June 2008.
Roy D~Buol, Mayor
Attest:
~f
eanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Econo Foods #471
3355 John F. Kennedy Road
Dubuque, IA 52002
Nash Finch
P.O. Box 305
Minneapolis, MN 55440
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
. AGREEMENT
FIRST VIOLATION
On this 16t" day of June, 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/~~day of June 2008.
A
Roy [~uol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Kwik Stop
2335 University Avenue
Dubuque, IA 52001
Rainbow Oil Company
P.O. Box 768
Dubuque, IA 52004
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 16t" day of June, 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,~~~day of June 2008.
d~ ~
RoyD~j uol, Mayor
Attest:
~~,~
eanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE: R. Future
Plaza 20 BP 5560 Wintergreen
2600 Dodge Street Dubuque, IA 52002
Dubuque, IA 52003 ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 16t" day of June, 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~~l~~ay of June 2008.
a (Y ~~~
.~
Roy D. uol, Mayor
Attest:
eanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
2nd VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE: Hill Street Plaza
Oky Doky #8 535 Hill Street
535 Hill Street Dubuque, IA 52001
Dubuque, IA 52001 ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
SECOND VIOLATION
On this date day of June 16, 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 One
Thousand five hundred dollars ($1,500.00). This sanction will count as a second
violation of Iowa Code 453A.2(1), pursuant to Iowa Code section 453A.22(2)(b).
IT IS THEREFORE ORDERED that the judgment in this matter is hereby
satisfied
PASSED AND APPROVED this~l~ day of June 2008.
Attest:
eanne Schneider, CMC, City Clerk
~, D,
Roy D~uol; Mayor
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
2nd VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
I N RE:
Casey's General Store #2421
4003 Peru Road
Dubuque, IA 52001
Casey's Marketing Company
One Convenience Boulevard
Ankeny, IA 50021
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
SECOND VIOLATION
On this date day of June 16, 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 One
Thousand five hundred dollars ($1,500.00). This sanction will count as a second
violation of Iowa Code 453A.2(1), pursuant to Iowa Code section 453A.22(2)(b).
IT IS THEREFORE ORDERED that the judgment in this matter is hereby
satisfied.
PASSED AND APPROVED this~~~day of June 2008.
Attest:
~anne Schneider, CMC, City Clerk
a~:~
Roy D~uol, Mayor
TOBACCO COMPLIANCE ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
3rd VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Hartig Drug Company #4
2225 Central Avenue
Dubuque, IA 52001
Hartig Drug Company
703 Main Street
Dubuque, IA 52001
ORDER ACCEPTING
ACKNOWLEDGMENT/
SETTLEMENT AGREEMENT
THIRD VIOLATION
On this 16th day of June, 2008, in lieu of a public hearing on the matter, the
Dubuque City Council approves the attached Acknowledgment/Settlement Agreement
between the above-captioned permittee and the City of Dubuque, Iowa.
Pursuant to the Agreement, IT IS THEREFORE ORDERED that a civil penalty of
a one thousand, five hundred dollars ($1,500.00) fine and a thirty (30) day cigarette
permit suspension be executed against the above-captioned permittee effective from
July 28, 2008 to August 26, 2008. This sanction will count as a third violation of Iowa
Code section 453A.2(1), pursuant to Iowa Code section 453A.22(2)(c).
PASSED AND APPROVED this%~~day of June 2008.
~~
Roy D. E~iol, Mayor
Attest:
~~~~~~~
eanne Schneider, CMC, City Clerk