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Tobacco Compliance_Civil PenaltyTHE CITY OF Dubuque DUB E A~~~~ r 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: May 21, 2009 Chief of Police Kim Wadding is recommending that the City Council accept and approve the attached Acknowledgement/ Settlement Agreements for a second offense tobacco compliance violation for Phillips 66 (Arby's), 10 South Main and AWN Stop Mart #2, 1401 Central Avenue upon payment of the violation and upon payment of the 1St offense civil penalty violation for AWN Stop Mart, 408 West Locust. 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 THE CITY OF DUB E Masterpiece on the Mississippi DATE: May 20, 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 1St offense civil tobacco compliance~enalty regarding Iowa Code § 453A.22 (2) to AWN Stop Mart #3, 408 West Locust; and 2" offense civil tobacco compliance penalty for Phillips 66 (Arby's), 10 South Main and AWN Stop Mart #2, 1401 Central Avenue. 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 Compliance Civil Penalties =Iowa 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 (e) 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, Phillips 66 (Arby's), 10 South Main and AWN Stop Mart #2, 1401 Central Avenue are in the process of paying the 2"d offense civil penalty in the amount of $1,500. Additionally, AWN Stop Mart #3, 408 West Locust is in the process of paying a 1St offense civil penalty in the amount of $300. Offense. Violation Date Violation 2" February 10, 2009 Business Phillips 66 (Arby's) Address 10 South Main Street Employee Christine Kress 2" March 24, 2009 AWN Stop Mart 1401 Central Avenue Joseph Puccio, Jr. 1S March 12, 2009 AWN Stop Mart 408 West Locust Jayson Stratton RECOMMENDATION: It is recommended the City Council accept and approve attached Acknowledgement/ Settlement Agreements for second offense tobacco compliance violation regarding Phillips 66 (Arby's), 10 South Main and AWN Stop Mart #2, 1401 Central Avenue upon payment of the violation. Additionally, it is recommended to accept and approve the attached Acknowledgement/ Settlement Agreement for 1St offense civil penalty for AWN Stop Mart #3, 408 West Locust upon payment of the violation. 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 Phillips 66 (Arby's), 10 South Main and AWN Stop Mart #2, 1401 Central Avenue upon payment of the violation and upon payment of the 1St offense civil penalty violation for AWN Stop Mart, 408 West Locust. Cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk TOBACCO COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 2ND VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Liberty Station, LLC Phillips 66 (Arby's) 2080 Southpark Court 10 South Main Street Dubuque, IA 52003 Dubuque, IA 52001 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT SECOND VIOLATION On this 1st day of June, 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 lst day of June 2009. Attest: Jeanne Schneider, CMC, City Clerk Joyce E. Connors, Mayor Pro Tem TOBACCO COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 2ND VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Waseem Choudry AWN Stop Mart #3 408 West Locust 408 West Locust Dubuque, IA 52001 Dubuque, IA 52001 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 1St day of June, 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 1st day of June 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk TOBACCO COMPLIANCE ACCEPTANCE ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT 2ND VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: AWN Stop Mart #2 1401 Central Avenue Dubuque, IA 52001 On this 1st day of June, 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 1st day of June 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk