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