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Tobacco Compliance_Civil Penalty for Tobacco Permit HoldersTHE 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: April 28, 2009 Chief of Police Kim Wadding is recommending that the City Council accept the Acknowledgement/Settlement Agreement for a second offense tobacco compliance violation for 16th Street Auto Truck Plaza, 1215 East 16th 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 CITY OF DUBUQUE Masterpiece on the Mississippi DATE: April 24, 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 City Council consideration to administer a second offense civil tobacco compliance penalty regarding Iowa Code § 453A.22 (2) to 16th Street Auto Truck Plaza, 1215 East 16th 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: {a) 1~ Yiotation: $3tt0 fine - . b 2"`' ~©iation within 2: ears: $1,600.fine or-30-da sus nsion (c) 3 Vi©lation wittiin 3 years: $1,50Q fne ,~,d 3U-d~a.suspe~sion {d~ 4~' Violation within ;3 ?years. $"i,5t}0 fine and ~=dasp~nston ~e~ 6th' Violation wifthlin 4 Yeairs. Rev~ocatio~ n 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. RECOMMENDATION: It is recommended the City Council accept and approve the attached Acknowledgement/ Settlement Agreement for a second offense tobacco compliance violation for 16tH Street Auto Truck Plaza, 1215 East 16tH 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 16tH Street Auto Truck Plaza, 1215 East 16tH Street. Cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk The following permit holder has received notification by certified mail of a second offense tobacco compliance violation. As a result, 16tH Street Auto Truck Plaza, 1215 East 16tH Street has submitted payment and the Acknowledgement/Settlement Agreement acknowledging the second offense tobacco compliance violation. TOBACCO COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 2ND VIOLATION BEFORE THE DUBUQUE CITY COUNCIL 16th Street Auto Truck Plaza 1215 East 16th Street Dubuque, IA 52001 Mulgrew Oil Company P.O. Box 894 Dubuque, IA 52004-0894 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT SECONOND VIOLATION On this 4th day of May, 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. PASSER AND APPRVED this 4th day of May 2009. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMG, City Clerk