Tobacco Compliance_Civil PenaltyTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
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: January 14, 2009
Chief of Police Kim Wadding is recommending acceptance and approval of the
Acknowledgment/Settlement Agreements for a first offense tobacco compliance
violation for Oky Doky, 2010 Kerper Boulvard; Road Ranger, 2175 Central Avenue; and
Hy-Vee #3, 400 South Locust Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mihael 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 DUBUQUE
Masterpiece on the Mississippi
MEMORANDUM
DATE: January 5, 2009
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 the civil tobacco compliance violation
penalty regarding Iowa Code § 453A.22 (2) to the following businesses: first offense
violation to Oky Doky, 2010 Kerper Boulevard; Road Ranger, 2175 Central Avenue; and
Hy-Vee #3, 400 South Locust 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 Colrnlpiiance Civit Penalties - Iowa Code 453A.22
(a) 1st Violation: $300 fine
(b) 2"d Violation within 2 years: $..1,500 fine or 34-clay suspension
(c) 3`d Violation within 3 years: $1,500 #ine and 30-day suspension
(d) 4th Violation wi#hin 3 years: $1,5110 fine and. ia0-day suspension
(e) 5th Violation w>kthin 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 Acknowledgement/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, Oky Doky, 2010 Kerper Boulevard; Road Ranger, 2175
Central Avenue; and Hy-Vee #3, 400 South Locust Street have submitted payment and the
Acknowledgement/Settlement Agreement acknowledging a first offense tobacco
compliance violation.
Offense
Viotatian Violation Date Business Address Empiayee
1S November 11, 2008 Oky Doky 2010 Kerper Boulevard Steven J. Hickie
1 S November 11, 2008 Road Ranger 2175 Central Avenue Carol Lynn Merz
1 s October 27, 2008 Hy-Vee #3 400 South Locust Street Molly Ann Roth
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense tobacco compliance violation for Oky Doky, 2010
Kerper Boulevard; Road Ranger, 2175 Central Avenue; and Hy-Vee #3, 400 South Locust
Street.
ACTION REQUESTED:
City Council consideration to accept and approve the attached Acknowledgement/
Settlement Agreements for a first offense tobacco compliance violation for Oky Doky, 2010
Kerper Boulevard; Road Ranger, 2175 Central Avenue; and Hy-Vee #3, 400 South Locust
Street.
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
IN RE:
Road Ranger
2175 Central Avenue
Dubuque, IA 52001-3504
: Road Ranger LLC
: P.O. Box 4745
: Rockford, IL 61110
: ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 20th day of January, 2009 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 20th day of January 2009.
Kevin J. Lynch
Mayor Pro-Tem
Attest:
Jeanne F. 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 52003-7419
: Hy Vee Incorporated
: 5820 Weston Parkway
: West Des Moines, IA 52066
: ORDER ACCEPTING
: ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 20th day of January, 2009 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 20th day of January 2009.
Kevin J. Lynch
Mayor Pro-Tem
Attest:
Jeanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Oky Doky
2010 Kerper Boulevard
Dubuque, IA 52001-3562
: TFM
: 1250 Iowa Street
: Dubuque, IA 52001-4821
: ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 20th day of January, 2009 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 20th day of January 2009.
Kevin J. Lynch
Mayor Pro-Tem
Attest:
Jeanne F. Schneider, CMC, City Clerk