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 Permit Holders
DATE: December 15, 2010
MCVM:eI
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark Dalsing, Chief of Police
M chael C. Van Milligen
Dubuque
All- AmdicaCity
2007
Chief of Police Mark Dalsing is recommending acceptance and approval of the
Acknowledgement /Settlement Agreement for first offense tobacco compliance violation
regarding Kwik Stop Food Mart, 2390 Central Avenue.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
DATE: December 15, 2010
TO: Michael C. Van Milligen
City Manager
FROM: Mark Da!sing 7 "k
Chief of Police
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 business
for selling tobacco to an underage person: first offense violation for Kwik Stop Food Mart,
2390 Central Avenue.
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:
Offeha
Violation
- VIotatf on Dale
'Biruiness 1
A`tlress
Employee
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) 3rd Violation within 3 years: $1,500 fine and 30-day suspension
(d) 4 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 holder has received notification by certified mail of a first offense
tobacco compliance violation. As a result, Kwik Stop Food Mart, 2390 Central Avenue, has
submitted payment and the Acknowledgement /Settlement Agreement acknowledging the
first offense tobacco compliance violation.
1S
May 13, 2010
Kwik Stop
2390 Central Avenue
Shjezana Masinovic
RECOMMENDATION:
It is recommended the City Council accept and approve attached Acknowledgement /
Settlement Agreements for first offense tobacco compliance violation regarding Kwik Stop
Food Mart, 2390 Central Avenue.
ACTION REQUESTED:
Action requested is City Council consideration to accept and approve the attached
Acknowledgement / Settlement Agreement for first offense tobacco compliance violation
regarding Kwik Stop Food Mart, 2390 Central Avenue.
Cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
BEFORE THE CITY OF DUBUQUE CITY COUNCIL
ORDER ACCEPTING
ACKNOWLEDGMENT /SETTLEMENT AGREEMENT
Tobacco Compliance — 1s Violation
RE: Kwik Stop Food Mart
2390 Central Avenue
Dubuque, IA 52001
Attest:
eanne Schneider, City Clerk
•
•
• Rainbo Oil Company
•
• P.O. Box 768
• Dubuque, IA 52004
•
On this 20th day of December, 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 Rainbo 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 20th day of December, 2010.
Roy D. Bud', Mayor