Penalty Tobacco Permit HoldersCITY OF DUBUQUE, IOWA
MEMORANDUM
February 2, 2000
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Penalties for Tobacco Permit Holders
Police Chief John Mauss is recommending that a hearing be set on February 21,
2000 to consider assessing a civil penalty of $300 against each of several tobacco
permittees and a 30-day suspension against one permittee.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
John Mauss, Police Chief
CITY OF DUBUQUE, IOWA
MEMORANDUM
February 1, 2000
TO
Michael C. Van Mi11igen
City Manager
FROM
John J. Mauss
Chief of Police
SUBJECT
Penalties for Tobacco Permit Holders
INTRODUCTION
The purpose of this memo is to recommend that the City Council set a hearing
to consider assessing a civil penalty of $300 against each of several tobacco
permittees and a 30 day suspension against one permittee.
BACKGROUND
In November and December 1999 compliance checks of establishments licensed
to sell tobacco products have been continued under an agreement with the Iowa
Department of Public Health. Checks were conducted using trained underage
volunteers under the supervision of the police officers. Four establishments
have sold to an underage volunteer during that tlme. First violators are,
AMOCO Food Shop, 1701 JFK Rd., Stacy Cummings sold on 11/30/99
lOCO Speede Shoppe, 3250 Dodge, Katie Link sold on 11/30/99
Tri-State Golf Center, 1095 Cedar Cross, Natalie Canier sold on
11/30/99
The second violation occurred at,
lOCO Speede Shoppe, 2335 University, Keith Haskel sold on 12/21/99.
Previously, Conan Grap sold on 1/23/99; a civil penalty has
previously been assessed for that offense.
DISCUSSION
Section 453A.22 of the Iowa Code provides that in addition to penalties paid by
the employees, the State or local authority shall assess a penalty against the
permit holder after a hearing. For a first offense, the penalty is a civil
penalty of $300. This lS a first violation for 3 of the establishments above.
For a second violation within two years, the penalty is a 30 day suspension of
the permit. This is a second violatlon within two years for the lOCO Speede
Shoppe at 2335 University.
Three of the above employees have been convicted and fined; the other
case is pending.
RECOMMENDATION
I recommend that the City Council set a hearing for the above permittees.
I further recommend that, following the hearing, the Council assess a civil
penalty of $300 against the first 3 establishments listed above, and that the
Council suspend the permit of the lOCO Speede Shoppe, 2335 University, for a
period of 30 days.
11/01/99
Manager's and staff
lOCO SPEEDE SHOPPE
RE: Selling to a minor
Dear lOCO employees,
The policies for selling beer, wine and cigarettes, have been in effect since August 28th,
1991 (see attached). Therefore, I am writing to each employee ro reinforce that the sale
of Alcohol or Cigarette's, to a minor, will not be tolerated. "Sale of cigarette" policy
stares, that failing ro comply with this policy will be facing disciplinary action. This
action will be immediate termination!
Some misconceptions have taken place with stings rarely. This letter along with the copy
of the policies should reinforce any misunderstandings. From here out, you understand
that if you are caught, regardless of a sting or being charged, you will be immediately
terminated!
Please keep an original of this letter in a permanent file. Managers, please have
employees of Iowa Oil Company sign that they have read and understand that they will
be immediately terminated if caught selling to a minor regardless of the circumstances.
Thank you for your attention in this matter; send the original copies to the office, that you
had employee's sign. If you need a copy let me know and I will mail one back to you. If
you have any additional questions or comments, feel free to contact myself at the office.
Sincerely,
Jody M. Collins
Personnel Manager
Iowa Oil Company
Keith Haskell
Employee signature
IOCO SPEEDE SHOPPES
SALE OF TOBACCO PRODUCTS
Tobacco products can only be sold to person's eighteen
years of age or older. Tobacco products are defined as follows:
1.) Cigarettes, 2.) Cigars, 3.) Smokeless Tobacco, 4.) Pipe Tobacco
5.) Any bulk cigarette tobacco or papers used to make cigarettes
You must ask for a valid picture I.D. from those 26 years of
age or younger. A valid picture I.D. maybe one of the following:
1.) State Driver's License with picture.
2.) State Identification Card with picture.
3.) Military Identification Card with picture.
4.) State issued Firearms Owners Card with picture and birth date.
Social Security Cards and School I.D. with photo.s are NOT
considered as valid identification.
Violation of this policy can and will result in termination
of employment.
I have read and understand the policy from IOCO on the sale of
all tobacco products.
Employee's Signature: Keith Haskell
Date: 10-3