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