Tobacco Comliance_Civil PenaltiesTHE CTTY OF Dubuque
D-U~ E AN-Am~rlcal~ll
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: June 29, 2009
Acting Chief of Police Terry Tobin is recommending that the City Council accept and
approve the attached Acknowledgement/ Settlement Agreements for first offense
tobacco compliance violation regarding Ron's Discount Smokes & Beverage Center,
1450 Loras Blvd., a second offense tobacco compliance violation for Road Ranger
#159, 2175 Central Avenue, and a third offense tobacco compliance violation for Phillips
66 -Arby's, 10 South main. Additionally it is recommended to accept and approve the
Acknowledgement/Settlement Agreement for 3~d offense civil penalty for AWN Stop Mart
#2, 1401 Central Avenue upon payment of the violation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM/Iw
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Terry Tobin, Acting Police Chief
THE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
DATE: June 26, 2009
TO: Michael C. Van Milligen
City Manager
FROM: Terry Tobin ~~
Acting 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 penalty regarding Iowa Code § 453A.22 (2) to Ron's Discount
Smokes & Beverage Center, 1450 Loras Boulevard, a 2"d offense civil tobacco compliance
penalty to Road Ranger #159, 2175 Central Avenue, and a 3~d offense civil tobacco
compliance penalty for Phillip's 66 -Arby's, 10 South Main Street, 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 tobacco
compliance violation. As a result, Ron's Discount Smokes & Beverage Center has paid the
1St offense civil penalty of $300. Road Ranger #159, 2175 Central Avenue has paid the 2"d
offense civil penalty of $1,500. Phillip's 66 -Arby's, 10 South Main has paid the 3`d offense
civil penalty of $1,500. AWN Stop Mart #2, 1401 Central Avenue is in the process of
paying the 3rd offense civil penalty in the amount of $1,500.
Offense
Violation Violation bate Business Address Employee
15 March 5, 2009 Ron's Discount 1450 Loras Boulevard Kristine Ferguson
2" March 13, 2009 Road Ranger #159 2175 Central Avenue Elizabeth Bogovich
3~ April 7, 2009 Phillip's 66-Arby's 10 South Main Amy Petersen
3 April 21, 2009 AWN Stop Mart #2 1401 Central Avenue Katya Marcotte
RECOMMENDATION:
It is recommended the City Council accept and approve attached Acknowledgement/
Settlement Agreements for 1St offense tobacco compliance violation regarding Ron's
Discount Smokes & Beverage Center, 1450 Loras, 2"d offense tobacco compliance for
Road Ranger #159, 2175 Central Avenue, and 3~d offense tobacco compliance violation for
Phillips 66 -Arby's, 10 South Main. Additionally, it is recommended to accept and approve
the Acknowledgement/ Settlement Agreement for 3rd offense civil penalty for AWN Stop
Mart #2, 1401 Central Avenue upon payment of the violation.
ACTION REQUESTED:
Action requested is City Council consideration to accept and approve the attached
Acknowledgement/ Settlement Agreements for 1St offense tobacco compliance violation
regarding Ron's Discount Smokes & Beverage Center, 1450 Loras, 2"d offense tobacco
compliance for Road Ranger #159, 2175 Central Avenue, and 3~d offense tobacco
compliance violation for Phillips 66 -Arby's, 10 South Main. Additionally, it is
recommended to accept and approve the Acknowledgement/ Settlement Agreement for
3rd offense civil penalty for AWN Stop Mart #2, 1401 Central Avenue upon payment of the
violation.
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOLWEDGEMENT/SETTLEMENT AGREEMENT
1ST VIOLATION
IN RE:
Ron's Discount Smokes & Beverage Center
1450 Loras Boulevard
Dubuque, IA 52001
On this 6t" day of July, 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.
PASSE® AN® APPR®VE® this~`~` day of July 2009.
°~1
. ~~,:~~
_.
Buol, Mayor
Attest:
~~'
~~ ~
eanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOLWEDGEMENT/SETTLEMENT AGREEMENT
2ND VIOLATION
IN RE:
Road Ranger #159
2175 Central Avenue
Dubuque, IA 52001
On this 6t" day of July, 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 APPR®VED this ~ay of July 2009.
Attest:
eanne Schneider, CMC, City Clerk
(A',~ /a l~'~v
y~ ~ [r'
Roy Buol, Mayor
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOLWEDGEMENT/SETTLEMENT AGREEMENT
3RD VIOLATION
IN RE:
Phillip's 66 -Arby's
10 South Main Street
Dubuque, IA 52001
Liberty Station, LLC
3343 Center Grove, Suite A
Dubuque, IA 52003
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
THIR® VIOLATION
On this 6t" day of July, 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 agreed to pay, prior to the reinstatement of the permit for a third offense
tobacco civil penalty violation 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 third
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.
PASS® AN®APPROVE® this~~°' yday of July 2009.
~'~ ,
Attest:
Roy D. ~'uol, Mayor
~~ '
Jeanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
3rd VIOLATION
IN RE: Liberty Station, LLC
3343 Center Grove, Suite A
Phillip's 66 -Arby's Dubuque, IA 52003
10 South Main Street ACKNOWLEDGMENTI
Dubuque, IA 52001 SETTLEMENT AGREEMENT
ACKNOWLEDGMENTlSETTLEMENT AGREEMENT
I (VVe) hereby knowingly and voluntarily acknowledge that we have received the
Notice of Hearing and the Complaint in the above case. I (V1/e) hereby knowingly and
voluntarily acknowledge the facts and allegations contained in the complaint, attached
hereto and incorporated herein by reference, and knowingly and voluntarily admit that
the same are true and correct. I (We) hereby knowingly and voluntarily waive hearing,
and submit to the statutory penalties prescribed by Iowa law. I (We) understand that
this penalty will count as an official "Second Violation" of Iowa Code section 453A.2
pursuant to Iowa Code section 453A.22. I (We) understand that the penalty for this
second violation is a $1,500.00 fine and a suspension of my {our) cigarette permit for 30
days, beginning on the date that will be specified in the official City of Dubuque order
that I wiEl receive.
~~
~-26 --D~r
DATE
In accordance with Iowa Code section 453A.22(2)(b), the above-captioned permittee
chooses the following penalty:
$1,500.00 fine and 30-day suspension ~~~--c~--{ ~~~ f,~'iti~-~-tip tU -} ~~`l f~'--~~-L'C~ 31-x'`/
NOTE: This must be signed by an individual cigarette permittee, or in the case of
another business entity, by individual(s) who have authority to bind the entity.
In you decide to sign this ACKNOWLEDGMENT/SETTLEMENT I~~~EE11~NT -'-~
and waive your appearance at a hearing, this document, properly signec~~rid daite~! as '~
well as a check in the amount of $1,500.00 (if choice of penalty is fine) should bey' -~-~
s: ~, _~
returned to: »
City of Dubuque Clerk's Office ~._ ~ ; N ~_~
City Hall ~' ~' ~-
50 West 13th Street ~~ ~
Dubuque, IA 52001
TOBACCO COMPLIANCE ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
2"d VIOLATION
IN RE: Road Ranger, LCC
P.O. Box 4745
Road Ranger #159 Rockford, IL 61110
2175 Central Avenue ACKNOWLEDGMENT/
Dubuque, IA 52001 SETTLEMENT AGREEMENT
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
I (We) hereby knowingly and voluntarily acknowledge that we have received the
Notice of Hearing and the Complaint in the above case. I (We) hereby knowingly and
voluntarily acknowledge the facts and allegations contained in the complaint, attached
hereto and incorporated herein by reference, and knowingly and voluntarily admit that
the same are true and correct. I (We) hereby knowingly and voluntarily waive hearing,
and submit to the statutory penalties prescribed by Iowa law. I (We) understand that
this penalty will count as an official "Second Violation" of Iowa Code section 453A.2
pursuant to Iowa Code section 453A.22. I (We) understand that the penalty for this
second violation is a $1,500.00 fine or a suspension of my (our) cigarette permit for 30
days, beginnin on the date that will be specified in the official City of Dubuque order
that I will rec~i~e.
~e - (2 -2c~~
DATE
In accordance with Iowa Code section 453A.22(2)(b), the above-captioned permittee
chooses the fallowing penalty:
C`)
$1,500.00 fine `~_
~_~`~-
^ 30-day suspension `= -- ~ ~ ~y
- v1
_LJ
NOTE: This must be signed by an individual cigarette permittee, or in then-case ofd
another business entity, by individual(s) who have authority to bind the eritity~ ~; t,,
y ~; .,
In you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGR~M~tT
and waive your appearance at a hearing, this document, properly signed and dated as
well as a check in the amount of $1,500.00 (if choice of penalty is fine) should be
returned to:
City of Dubuque Clerk's Office
City Hall
50 West 13th Street
Dubuque, IA 52001
~-t
~~
-~
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,~
TOBACCO COMPLIANCE ~'~~~i~;!F~
ACKNOWLEDGMENT/SETTLEMENT AGREEMf ~~L°! ~ ~ ~~~ I ~ : ~~
1St VIOLATION City ; ::~„r,„ '•._i`,~IC~
L l~~~ll ~b~4.+'1
IN RE: RKM, LLC
Ron's Discount Smokes & Beverage 5560 Wintergreen
Center Dubuque, IA 52002
1450 Loras Boulevard ACKNOWLEDGMENT/
Dubuque, IA 52001 SETTLEMENT AGREEMENT
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
I (We) hereby knowingly and voluntarily acknowledge that we have received the
Notice of Hearing and the Complaint in the above case. 1 (We) hereby knowingly and
voluntarily acknowledge the facts and allegations contained in the complaint, attached
hereto and incorporated herein by reference, and knowingly and voluntarily admit that
the same are true and correct. I (UVe) hereby knowingly and voluntarily waive hearing,
and submit to the statutory penalties prescribed by Iowa law. I (We) understand that
this penalty will count as an official "First Violation" of Iowa Code section 453A.2
pursuant to Iowa Code section 453A.22. I (We) have enclosed a check for the amount
of $300.00 made payable to the City of Dubuque to settle the above referenced
complaint.
~i/22~~~0
~~~ ~~
DATE
NOTE: This must be signed by an individual cigarette permittee, or in the case of
another business entity, by individual(s) who have authority to bind the entity.
In you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
and waive your appearance at a hearing, this document, properly signed and dated,
along with your $300.00 check made payable to the City of Dubuque, should be
returned to:
City of Dubuque Cterk's Office
City Hall
50 West 13th Street
Dubuque, IA 52001
T CC C I C T C
C IVT/ TTL T T
3rd VI L TI
TH ® l1 lJ CITY CUIVCIL
IN RE:
AWN Stop Mart #2
1401 Central Avenue
Dubuque, IA 52001
On this 20t" day of July, 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 agreed to pay, prior to the reinstatement of the permit for a third offense
tobacco civil penalty violation 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 third
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.
PASSE®AN® APPR®VE® this ~ dday of July 2009.
-~~
l
Roy . Buol, Mayor
Attest:
~ ,%,
eanne Schneider, CMC, City Clerk