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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