Tobacco Compliance_Civil Penalty for Tobacco License HolderMasterpiece on the Mississippi
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: April 13, 2010
Dubuque
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Chief of Police Mark Dalsing is recommending that the City Council accept the
Acknowledgement /Settlement Agreements for a first offense tobacco compliance
violation for Walgreen's #11942, 345 East 20 Street; and Walgreen's #6154, 2260
John F. Kennedy Road; and a third offense tobacco compliance violation for 16 Street
Auto -Truck Plaza, 1215 East 16 Street.
concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark Dalsing, Chief of Police
Michael C. Van Milli
Masterpiece on the Mississippi
DATE: April 12, 2010
TO: Michael C. Van Milligen
City Manager
FROM: Mark Dalsing ((
Chief of Police
MEMORANDUM
RE: Tobacco Compliance — Civil Penalty for Tobacco Permit Holders
INTRODUCTION:
The purpose of this memorandum is City Council consideration to administer the civil
tobacco compliance penalty regarding Iowa Code § 453A.22 (2) to the following businesses
for selling tobacco to an underage person: first offense violation for Walgreen's #11942,
345 East 20 Street, Walgreen's #6154, 2260 John F. Kennedy Road, and third offense
violation for 16 Street Auto -Truck plaza, 1215 East 16 Street.
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) 1 Violation: $300 fine
(b) 2nd Violation within 2 years: $1,500 fine or 30-day suspension
(c) 3 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) 5 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 either a first or
second offense tobacco compliance violation. As a result, Walgreen's #11942, 345 East
20 Street, and Walgreen's #6154, 2260 John F. Kennedy Road, has submitted payment
and the Acknowledgement /Settlement Agreement acknowledging the first offense tobacco
compliance violation, while 16 Street Auto -Truck Plaza, 1215 East 16 Street, has
submitted payment and the Acknowledgement /Settlement Agreement acknowledging the
third offense tobacco compliance violation.
1
1 st
1 st
3ra
October 29, 2009
July 13, 2009
October 23, 2009
Walgreen's #11942
Walgreen's #6154
16 Street Plaza
345 East 20 Street
2260 John F. Kennedy Rd.
1215 East 16 Street
Nancy Goecke
Thomas Smith
Phillip Blasco
RECOMMENDATION:
It is recommended the City Council accept and approve attached Acknowledgement /
Settlement Agreements for first offense tobacco compliance violation regarding Walgreen's
#11942, 345 East 20 Street, Walgreen's #6154, 2260 John F. Kennedy Road, and third
offense tobacco compliance violation regarding 16 Street Auto -Truck Plaza, 1215 East
16 Street.
ACTION REQUESTED:
Action requested is City Council consideration to accept and approve the attached
Acknowledgement / Settlement Agreements for first offense tobacco compliance violation
regarding Walgreen's #11942, 345 East 20 Street, Walgreen's #6154, 2260 John F.
Kennedy Road, and third offense tobacco compliance violation regarding 16 Street Auto -
Truck Plaza, 1215 East 16 Street.
Cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
Attest:
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
1 VIOLATION
IN RE:
Walgreen's # 11942
345 East 20th Street
Dubuque, IA 52001
PASSED AND APPROVED thisl day of April 2010.
eanne Schneider, CMC, City Clerk
BEFORE THE DUBUQUE CITY COUNCIL
: Walgreen Company
: P.O. Box 901
: Deerfield, IL 60015
: ORDER ACCEPTING
: ACKNOWLEDGMENT /SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 19 day of April, 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.
Roy IS: uol, Mayor
vo
IN RE:
Attest:
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
1 VIOLATION
Jeanne Schneider, CMC, City Clerk
BEFORE THE DUBUQUE CITY COUNCIL
Walgreen's # 6154
2260 John F. Kennedy Road
Dubuque, IA 52001
: Walgreen Company
: P.O. Box 901
: Deerfield, IL 60015
: ORDER ACCEPTING
: ACKNOWLEDGMENT /SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 19 day of April, 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 April 2010.
Roy D. uol, Mayor
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
3 rd VIOLATION
IN RE:
16th Street Auto -Truck Plaza
1215 East 16th Street
Dubuque, IA 52001
On this 19 day of April, 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
tobacco license holder has remitted to the City of Dubuque a civil penalty in the amount
of one thousand five hundred dollars ($1,500.00), prior to the reinstatement of the
tobacco license for a third offense tobacco civil penalty violation regarding a violation of
Iowa Code section 453A.22(2)(b), after serving a 30 -day tobacco license suspension.
This sanction will count as a third violation.
IT IS THEREFORE ORDERED that the judgment in this matter is hereby
satisfied.
PASSED AND APPROVED this /ray of April 2010.
Attest:
anne Schneider, CMC, City Clerk
BEFORE THE DUBUQUE CITY COUNCIL
: Mulgrew Oil Company
: P.O. Box 894
: Dubuque, IA 52004
: ORDER ACCEPTING
: ACKNOWLEDGMENT /SETTLEMENT
AGREEMENT
SECOND VIOLATION
Roy i/ Buol, Mayor