Tobacco Compliance_Civil Penalty for Tobacco License HoldersTHE CITY OF D"UbUgU@
An-AmericaCity
DUB E
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Masterpiece an 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 License Holders
DATE: December 28, 2009
Acting Chief of Police Terry Tobin is recommending that the City Council accept the
Acknowledgement/Settlement Agreements for a first offense tobacco compliance
violation for McCann's Service, 690 West Locust, and second offense tobacco
compliance violation for Econo Foods, 3355 John F. Kennedy Circle; and Casey's
General Store #2420, 2699 Rockdale Road.
Additionally, it is recommended that a request for second offense civil penalty hearing
be scheduled for February 1, 2010, for Oky Doky, 1256 Iowa Street; and a third offense
civil penalty hearing be scheduled for February 1, 2010, for Road Ranger, 2175 Central
Avenue.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. an Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Terry Tobin, Acting Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
DATE: December 29, 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 McCann's Service,
690 West Locust Street, and a 2"d offense civil tobacco compliance penalty to Econo
Foods, 3355 John F. Kennedy Circle, and Casey's General Store #2420, 2699 Rockdale
Road.
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~a Violation within 2 years: $1,500 fine or 30-day suspension
`;(c) 3`tl 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 w~thi,n 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 either a first or
second offense tobacco compliance violation. As a result, McCann's Service, 690 West
Locust Street, has submitted payment and the Acknowledgement/Settlement Agreement
acknowledging the first offense tobacco compliance violation, while Econo Foods, 3355
John F. Kennedy Circle and Casey's General Store#2420, 2699 Rockdale Road have
submitted payment and the Acknowledgement/Settlement Agreement acknowledging the
second offense tobacco compliance violation.
Additionally, Oky Doky, 1256 Iowa Street was contacted regarding their second offense
tobacco compliance violation.. They request to be heard by the City Council concerning the
violation. Road Ranger was also contacted regarding their third offense tobacco
compliance violation. They also request to be heard by the City Council concerning the
compliance violation. We propose to schedule the second offense tobacco civil penalty
violation hearing for Oky Doky, 1256 Iowa Street, on February 1St, 2010. In addition we
propose to schedule the third offense tobacco civil penalty violation hearing for Road
Ranger, 2175 Central Avenue, on February 1St, 2010.
~Otferise ~
V iola`ion,
VJolatlon Date _.,.
business . _ _
Adairess m .
Employee
1s May 15, 2009 McCann's Service 690 West Locust Street John Westhoff
2" August 20, 2009 Econo Foods 3355 JFK Circle Amber Heins
2" July 17, 2009 Casey's #2420 2699 Rockdale Road Jamie High
2" September 29, 2009 Oky Doky 1256 Iowa Street Heather Balk
3 July 24, 2009 Road Ranger 2175 Central Avenue Tamera Krier
RECOMMENDATION:
It is recommended the City Council accept and approve attached Acknowledgement/
Settlement Agreements for first offense tobacco compliance violation regarding McCann's
Service, 690 West Locust, and second offense tobacco compliance violation regarding
Econo Foods, 3355 John F. Kennedy Circle and Casey's General Store #2420, 2699
Rockdale Road.
Additionally, we would recommend a second offense civil penalty hearing be scheduled for
February 1St, 2010 for Oky Doky, 1256 Iowa Street, and a third offense civil penalty hearing
be scheduled January 4, 2010 for Road Ranger, 2175 Central Avenue.
ACTION REQUESTED:
Action requested is City Council consideration to accept and approve the attached
Acknowledgement/ Settlement Agreements for first offense tobacco compliance violation
regarding McCann's Service, 690 West Locust, and second offense tobacco compliance
violation regarding Econo Foods, 3355 John F. Kennedy Circle and Casey's General Store
#2420, 2699 Rockdale Road.
Additionally, we would request a second offense civil penalty hearing be scheduled for
February 1St, 2010 for Oky Doky, 1256 Iowa Street, and a third offense civil penalty hearing
be scheduled February 1St, 2010 for Road Ranger, 2175 Central Avenue.
Cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1St VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
McCann's Service
690 West Locust Street
Dubuque, IA 52001
McCann's Service, Inc.
690 West Locust Street
Dubuque, IA 52001
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 4t" day of January 2010 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 ~~~'day of January 2010.
~ v~
Roy . Buol, Mayor
Attest:
~~ ~~ -
eanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
2nd VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Econo Foods
3355 JF Kennedy Circle
Dubuque, IA 52002
Nash Finch Company Econo Foods
#471 Inc.
3355 JF Kennedy Circle
Dubuque, IA 52002
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
SECOND VIOLATION
On this 4t" day of January 2010 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 ~~~day of January 2010.
Roy [~ Buol, Mayor
Attest:
eanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
2nd VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Casey's General Store #2420
2699 Rockdale Road
Dubuque, IA 52003
Casey's Marketing Company
P.O. Box 3001
Ankeny,lA 50021
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
SECOND VIOLATION
On this 4t" day of January 2010 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 ~/ day of January 2010.
Attest:
eanne Schneider, CMC, City Clerk
v v
-G~~~
Roy Buol, Mayor