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Tobacco Compliance_Civil Penalty for Tobacco License HoldersTHE CITY OF D"UbUgU@ An-AmericaCity DUB E ~ r 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