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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 hitell Al- AmdlcaCity 11111 ! 2007 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