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Tobacco Permittees PenaltiesMEMORANDUM March 4, 2003 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Penalties for Tobacco Permit Holders Chief of Police Kim Wadding is recommending that the City Council set a hearing for April 7, 2003, to consider assessing the appropriate civil penalty regarding underage tobacco sales concerning two tobacco permit holders. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment CCBarry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kim B. Wadding, Police Chief DATE:February 28, 2003 TO:Michael C. Van Milligen, City Manager FROM: Kim B. Wadding, Police Chief RE:Penalties for Tobacco Permit Holders INTRODUCTION: The purpose of this memo is to recommend that the City Council sbt a hearing to consider assessing the appropriate civil penalty regarding underage tobacco sales concerning two tobacco permit holders. 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 used trained underage volunteers under supervision of police officers. Of the compliance checks, employees of the listed two businesses have received convictions for underage tobacco sales. The businesses include: 0/24/02 Kwik Stop 2320 Highway 61 Melinda Dolan 1/07/02 Casey's General Store 4003 Peru Road Shannon R. Bennett DISCUSSION: Section 453A.22 of the Iowa Code provides that in addition to penalties paid by employees, the State or local authority shall assess a penalty against the permit holder after the hearing as follows: 1) For a first violation, the retailer shall be assessed a civil penalty in the amount of three hundred dollars. Failure to pay the civil pffnalty as ordered shall result in automatic suspension of the permit for a period of fourteen days. 2) For a second violation within a period of two yearsi the retailer's permit shall be suspended for a period of thirty days. 3) For a third violation within a period of three years, lhe retailer's permit shall be suspended for a period of sixty days. 4) For a fourth violation within a period of three years, the retailer's permit shall be revoked. RECOMMENDATION: It is recommended that the City Council set a hearing for the above permittees. If after the hearings the violations are sustained, the Council would assess the appropriate civil penalty to each business based upon the number of violations. ACTION REQUESTED: Request the City Council to set a hearing date regarding the assessing of a civil penalty to the listed tobacco permit holders. cc: Jeanne Schneider, City Clerk