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
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark Dalsing, Chief of Police
Michael C. Van Mil igen
Dubuque
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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:
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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
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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