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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 ~~ -~ _%' ,~ 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