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Tobacco Comliance_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 Permit Holders DATE: August 31, 2010 1— MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mark Dalsing, Chief of Police Michael C. Van Mil igen Dubuque bitti All- Anedca city 2007 Chief of Police Mark Dalsing recommends that the City Council accept and approve the Acknowledgement /Settlement Agreements for first offense tobacco compliance violations regarding Kwik Stop Food Mart, 2255 Kerper Boulevard; Sid's Beverage Store, 2727 Dodge Street; and Beecher's, 1691 Asbury Road. I concur with the recommendation and respectfully request Mayor and City Council approval. Masterpiece on the Mississippi DATE: August 25, 2010 TO: Michael C. Van Milligen City Manager FROM: Mark Dalsin Chief of Police I� 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 violations for Kwik Stop Food Mart, 2255 Kerper Boulevard, Sid's Beverage Store, 2727 Dodge Street, and Beecher's, 1691 Asbury 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: Viol l Violation;Date I " ''Business ' I ° '`�tdtdrreSs ''' Eriiployee I Tobacco Compliance Civil Penalties — Iowa Code 453A.22 (a) 1 Violation: $300 fine (b) 2 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, Rainbow Oil Company, P.O. Box 768, Sid's Beverage, 2727 Dodge Street, and Beecher Company, 1691 Asbury Road, has submitted payment and the Acknowledgement /Settlement Agreement acknowledging the first offense tobacco compliance violation. 1 1 St 1' March 30, 2010 March 12, 2010 January 21, 2010 Kwik Stop Sid's Beverage Beecher's 2255 Kerper Blvd. 2727 Dodge St. 1691 Asbury Rd. Robert Morley Wesley Bowers Cynthia White RECOMMENDATION: It is recommended the City Council accept and approve attached Acknowledgement / Settlement Agreements for first offense tobacco compliance violations regarding Kwik Stop Food Mart, 2255 Kerper Boulevard, Sid's Beverage Store, 2727 Dodge Street, and Beecher's, 1691 Asbury Road. ACTION REQUESTED: Action requested is City Council consideration to accept and approve the attached Acknowledgement / Settlement Agreements for first offense tobacco compliance violations regarding Kwik Stop Food Mart, 2255 Kerper Boulevard, Sid's Beverage Store, 2727 Dodge Street, and Beecher's, 1691 Asbury Road. Cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk RE: Kwik Stop Food Mart 2255 Kerper Boulevard Dubuque, IA 52001 Attest: BEFORE THE CITY OF DUBUQUE CITY COUNCIL ORDER ACCEPTING ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Tobacco Compliance — 1 Violation Jeanne Schneider, City Clerk • • Rainbow Oil Company • P.O. Box 768 • Dubuque, IA 52004 • On this 7th day of September, 2010, in lieu of a public hearing on the above captioned matter, the City of Dubuque City Council approves the attached Acknowledgment/Settlement Agreement between Rainbow Oil Company and the City of Dubuque. THEREFORE, the City Council finds the above captioned licensee has remitted to the City of Dubuque a civil penalty in the amount of three hundred dollars ($300.00). Please be advised that this sanction will count as a first violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). THEREFORE, it is ordered that the judgment in this matter is hereby satisfied. PASSED AND APPROVED this 7th day of September, 2010. ) L., Roy D. iol, Mayor Attest: BEFORE THE CITY OF DUBUQUE CITY COUNCIL ORDER ACCEPTING ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Tobacco Compliance — 1 Violation RE: Sid's Beverage Store Sid's Beverage 2727 Dodge Street 2727 Dodge Street Dubuque, IA 52003 Dubuque, IA 52003 On this 7th day of September, 2010, in lieu of a public hearing on the above captioned matter, the City of Dubuque City Council approves the attached Acknowledgment/Settlement Agreement between Sid's Beverage and the City of Dubuque. THEREFORE, the City Council finds the above captioned licensee has remitted to the City of Dubuque a civil penalty in the amount of three hundred dollars ($300.00). Please be advised that this sanction will count as a first violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). THEREFORE, it is ordered that the judgment in this matter is hereby satisfied. PASSED AND APPROVED this 7th day of September, 2010. Roy D.uol, Mayor ide_ aie eanne Schneider, City Clerk • RE: Beecher's 1691 Asbury Road Dubuque, IA 52001 On this 7th day of September, 2010, in lieu of a public hearing on the above captioned matter, the City of Dubuque City Council approves the attached Acknowledgment/Settlement Agreement between Beecher Company and the City of Dubuque. THEREFORE, the City Council finds the above captioned licensee has remitted to the City of Dubuque a civil penalty in the amount of three hundred dollars ($300.00). Please be advised that this sanction will count as a first violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). Attest: BEFORE THE CITY OF DUBUQUE CITY COUNCIL ORDER ACCEPTING ACKNOWLEDGMENT /SETTLEMENT AGREEMENT Tobacco Compliance — 1 Violation Roy D. uol, Mayor THEREFORE, it is ordered that the judgment in this matter is hereby satisfied. PASSED AND APPROVED this 7th day of September, 2010. eanne Schneider, City Clerk Beecher Company 1691 Asbury Road Dubuque, IA 52001