Tobacco Permit HoldersMEMORANDUM
May 24, 2002
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 the City Council set a hearing for
June 17, 2002, to consider assessing the appropriate civil penalty regarding underage
tobacco sales concerning 11 tobacco permit holders.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
DATE: May 24, 2002
TO:
Michael C. Van Milligen, City Manager
FROM: Kim B. Wadding, Police Chief
RE:
Penalties for Tobacco Permit Holders
INTRODUCTION:
The purpose of this memo is to recommend that the City Council set a hearing to consider
assessing the appropriate civil penalty regarding underage tobacco sales concerning 11
tobacco permit holders.
BACKGROUND:
Since the beginning of 2001 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 11 businesses have received convictions for
underage tobacco sales. The businesses include:
03/27/01 McCann's IOCO 690 West Locust Street Charles Robinson
09/29/01 Tobacco Outlet Plus 66 West 32na Street M. Kathleen Chase
09/29/01 Family Mart, Inc 3201 Central Avenue Kimberly J. Bockenstedt
11/29/01 Eagle Food Center 2050 John F. Kennedy Road Ellen V. Guller
12/04/01 K-Mart 2600 Dodge Street Kathryn Schlickman
12/04/01 Liquor Depot 1620 John F. Kennedy Road Benjamin Plumley
01/10/02 IOCO Speede Shoppe 3200 Central Avenue Christina N. Berger
01/24/02 HyVee 4800 Asbury Road Ellen Arling
01/24/02 Hartig Drug Company 2255 John F. Kennedy Road Kizzy Allen
02/02/02 Casey's General Store 2699 Rockdale Road Sara Holmes
03/12/02 One Flight Up 44 Main Street Jeremy Albrecht
DISCUSSION:
Section 453A.22 of the Iowa Code provides that in addition to pena[ties paid by employees,
the State or local authority shall assess a penalty against the permit holder after the hearing
as follows:
1)
For a first violation, the retailer shall be assessed a civil penalty in the amount
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.
2)
3)
4)
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 of three 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 are 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.
Cc: Jeanne Schneider, City Clerk