Tobacco Compliance Civil PenaltiesTHE CITY OF Dubuque
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DUB E
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Masterpiece on the Mississippi
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: March 26, 2009
Chief of Police Kim Wadding is recommending acceptance and approval of the
Acknowledgment/Settlement Agreements for a second offense tobacco compliance
violation for Oky Doky, 1256 Iowa Street; and Hy-Vee #1, 400 3500 Dodge Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
THE CTTY OF
DUB E
Masterpiece an the Mississippi
MEMORANDUM
DATE: March 16, 2009
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 City Council consideration to administer a second
offense civil tobacco compliance penalty regarding Iowa Code § 453A.22 (2) to Oky Doky,
1256 Iowa Street and HyVee #1, 3500 Dodge 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:
TobaccoCompliiance Civil'Penalties'-lowa Code 453A.22
(a) 1St Violation: $300 fine
(b) 2"d Violation within 2 years: $1,500 fine or 30-day suspension
(c) 3`d Violation within 3 years: $1,500 fine and 30-day suspension
(d) 4th Violation within 3 .years: $1,500 fine and 60-day suspension
(e1 5th 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 Acknowledgement/Settlement Agreement along with the
appropriate fine payment.
The following permit holders have received notification by certified mail of a second offense
tobacco compliance violation. As a result, Oky Doky, 1256 Iowa Street, and HyVee #1,
3500 Dodge Street, has submitted payment and the Acknowledgement/Settlement
Agreement acknowledging the second offense tobacco compliance violation.
Offense Volation Date Business ~'"` ~. ~"- ' Address Employee .
Violation
2"d November 20, 2008 Oky Doky 1256 Iowa Street Shannon Marie Lipper
2" January 8, 2009 HyVee #1 3500 Dodge Street Zachary John Fincel
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for a second offense tobacco compliance violation for Oky Doky,
1256 Iowa Street and HyVee #1, 3500 Dodge Street.
ACTION REQUESTED:
Action requested is City Council consideration to accept and approve the attached
Acknowledgement/ Settlement Agreements for a second offense tobacco compliance
violation for Oky Doky, 1256 Iowa Street and HyVee #1, 3500 Dodge Street.
Cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
2"d VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Oky Doky
1256 Iowa Street
Dubuque, IA 52001-4821
TFM Company
1256 Iowa Street
Dubuque, IA 52001-4821
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
SECOND VIOLATION
On this 6th day of April, 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 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 April 2009.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
2"d VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
HyVee #1
3500 Dodge Street
Dubuque, IA 52003-5261
HyVee, Incorporated
5820 West Town Parkway
West Des Moines, IA 50266-8223
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
SECOND VIOLATION
On this 6th day of April, 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 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 April 2009.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk