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Tobacco Compliance Civil PenaltiesTHE CITY OF Dubuque a~ DUB E t 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