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Tobacco Compliance Penalties for Permit Holders 5~~~E ~YN-~ MEMORANDUM (-'; April 25, 2005 TO: The Honorable Mayor and City Council Members l' FROM: Michael C. Van Milligen, City Manager SUBJECT: Tobacco Compliance - Civil Penalties for Tobacco Permit Holders 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. Five tobacco permit holders have received notification by certified mail of a tobacco compliance violation. Chief of Police Kim Wadding is recommending the City Council accept, approve and sign the attached order accepting the Acknowledgement/Settlement Agreements for Kwik Stop, West Locust Mart, Oky Doky Foods #1 and Jumpers Sports Bar and the civil penalty of $300. Additionally, it is recommended that the City Council conduct a tobacco compliance hearing for Fat Tuesday's and if the violation is sustained, to approve and sign the attached order assessing the 1 st violation civil penalty of $300 to Fat Tuesday's. I concur with the recommendation and respectfully request Mayor and City Council approval of the settlement agreements and to set the hearing for May 16, 2005. /11 J ~I" (}J!I" Michael C. Van Milligen ---- MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kim B. Wadding, Chief of Police ~~~E ~~~ MEMORANDUM DATE: April 26, 2005 TO: Michael C. Van Milligen City Manager FROM: Kim B. Wadding Police Chief RE: Tobacco Compliance - Civil penalties for Tobacco Permit Holders INTRODUCTION: The purpose of this memorandum is to administer tobacco compliance civil penalties to those businesses found in violation of Iowa code 453A.22(2). In addition to penalties paid by employees, the State or local authority shall assess a civil penalty against the permit holder if found to be in violation. 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. Once a violation occurs and a guilty plea results, initiation of the civil penalty to the business permit holder begins. The business permit holder civil penalty includes: 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 the formalized hearing. If the permit holder wishes to decline the public hearing, the permit holder acknowledges the violation, signs and returns the Acknowledgment/Settlement Agreement along with the appropriate fine payment. The following five tobacco permit holders have received notification by certified mail of a tobacco compliance violation with a scheduled hearing date of May 2,2005 at 6:30 P.M. before the City Council. If agreement is achieved, the Acknowledgment/Settlement Agreement is returned with payment and the hearing is cancelled. If no agreement is reached, the public hearing proceeds. 01/06/05 01/06/05 12/16/04 12/16/04 12/09/04 4039 Penns Ivania Avenue 408 West Locust Street 1121 Universit Avenue 2600 Dod e Street 250 West 15 Street Donna Laux Thomas Paisle Ann Marie Mur h Noel Brett Rettenmeier Trac Bisdorf Of the five permit holders, Kwik Stop, West Locust Mart, Oky Doky Foods #1, and Jumpers Sports Bar have signed and returned the Acknowledgement/Settlement Agreement agreeing with the violation and submitting a civil penalty of $300.00. RECOMMENDATION: It is recommended the City Council accept and approve the attached Acknowledge/Settlement Agreements for Kwik Stop, West Locust Mart, Oky Doky Foods #1, and Jumpers Sports Bar and the 1st violation civil penalty of $300.00 and consider the matter concluded. It is further recommended to continue with a tobacco compliance violation hearing for Fat Tuesday's. If after the hearing the violation is sustained, it is recommended the City Council sign the attached order assessing the 1st violation civil penalty of $300.00 to Fat Tuesday's. ACTION REQUESTED: We request the City Council to accept, approve and sign the attached order accepting the Acknowledge/Settlement Agreements for Kwik Stop, West Locust Mart, Oky Doky Foods #1, and Jumpers Sports Bar and the civil penalty of $300.00. Additionally, we request the City Council to conduct a tobacco compliance hearing for Fat Tuesday's and if the violations is sustained, to approve and sign the attached order assessing the 1 st violation civil penalty of $300.00 to Fat Tuesday's. Cc: Barry Lindahl, Corporation Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk TOBACCO COMPLIANCE ACCEPTENCE ACKNOWLEDGMENT/SETTLEMENT AGREEMENT 15t VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: TFM Company OKY DOKY #1 1250 Iowa Street 250 West 15t Street Dubuque, IA 52001 Dubuque, IA 52001 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT : AGREEMENT : FIRST VIOLATION On this 2od day of May 2005 in lieu of a public hearing on the matter, the Dubuque City Council approves the attached Acknowledgement/Settlement Agreement between the above -captioned permittee and the City of Dubuque. THEREFORE, the Dubuque City Council, FINDS that the above captioned permittee has remitted to the City of Dubuque a civil penalty in the amount of three hundred dollars ($300.00). Be advised that this sanction will count as a first violation of Iowa Code 453A.2(1), pursuant to Iowa Code section 453A.22(2)(a). IT IS THEREFORE ORDERED that the judgment in this matter is hereby satisfied. PASSED AND APPROVED thi�day of May 2005. 411 Ter ance M. Duggan, M or Attest: eanne Schneider, CMC, City Clerk TOBACCO COMPLIANCE ACCEPTENCE ACKNOWLEDGMENT/SETTLEMENT AGREEMENT V VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: KWIK Stop 4039 Pennsylvania Avenue Dubuque, IA 52002 Rainbo Oil P.O. Box 768 Dubuque, IA 52001 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 2nd day of May 2005 in lieu of a public hearing on the matter, the Dubuque City Council approves the attached Acknowledgement/Settlement Agreement between the above -captioned permittee and the City of Dubuque. THEREFORE, the Dubuque City Council, FINDS that the above captioned permittee has remitted to the City of Dubuque a civil penalty in the amount of three hundred dollars ($300.00). Be advised that this sanction will count as a first violation of Iowa Code 453A.2(1), pursuant to Iowa Code section 453A.22(2)(a). IT IS THEREFORE ORDERED that the judgment in this matter is hereby satisfied. PASSED AND APPROVED this.244dday of May 2005. Attest: anne Schneider, CMC, City Clerk TOBACCO COMPLIANCE ACCEPTENCE ACKNOWLEDGMENT/SETTLEMENT AGREEMENT 15t VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: West Locust Mart 408 West Locust Street Dubuque, ]A 52001 Lee W. Potter, Sr. 8923 Pheasant Lane Dubuque, IA 52003 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 2"d day of May 2005 in lieu of a public hearing on the matter, the Dubuque City Council approves the attached Acknowledgement/Settlement Agreement between the above -captioned permittee and the City of Dubuque. THEREFORE, the Dubuque City Council, FINDS that the above captioned permittee has remitted to the City of Dubuque a civil penalty in the amount of three hundred dollars ($300.00). Be advised that this sanction will count as a first violation of Iowa Code 453A.2(1), pursuant to Iowa Code section 453A.22(2)(a). IT IS THEREFORE ORDERED that the judgment in this matter is hereby satisfied. PASSED AND APPROVED thi�day of May 2005. Attest: Ulf/ a�Ca� Jeanne Schneider, CMC, City Clerk IN RE: TOBACCO COMPLIANCE ACCEPTENCE ACKNOWLEDGMENT/SETTLEMENT AGREEMENT 15t VIOLATION BEFORE THE DUBUQUE CITY COUNCIL Jumpers Sports Bar & Grill 2600 Dodge Street Dubuque, ]A 52001 DM Sports Bar, Inc 123 Southern Avenue Dubuque, ]A 52001 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 2"d day of May 2005 in lieu of a public hearing on the matter, the Dubuque City Council approves the attached Acknowledgement/Settlement Agreement between the above -captioned permittee and the City of Dubuque. THEREFORE, the Dubuque City Council, FINDS that the above captioned permittee has remitted to the City of Dubuque a civil penalty in the amount of three hundred dollars ($300.00). Be advised that this sanction will count as a first violation of Iowa Code 453A.2(1), pursuant to Iowa Code section 453A.22(2)(a). IT IS THEREFORE ORDERED that the judgment in this matter is hereby satisfied. PASSED AND APPROVED thigh/day of May 2005. Terrance M. Duggan,p*or Attest: eanne Schneider, CMC, City Clerk TOBACCO COMPLIANCE ASSESSING PENALTY 15t VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Fat Tuesday's 1121 University Avenue Dubuque, IA 52001 IBRICO, INC Richard W. Hirsch 1 1121 University Avenue Dubuque, IA 52001 ORDER ASSESSING PENALTY FIRST VIOLATION On this 2nd day of May, 2005, after a public hearing on the matter, the Dubuque City Council finds that based upon evidence submitted by the Dubuque Police Department, the above -captioned permittee committed a violation of Iowa Code section 453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under eighteen years of age. THEREFORE, the Dubuque City Council, hereby orders that a civil penalty in the amount of $300.00 be remitted by the above -captioned permittee, to the City of Dubuque, check made payable to the City of Dubuque on or before June 2, 2005 (30 days from the date of this order). This sanction will count as a first violation of Iowa Code section 453A.2(1), pursuant to Iowa Code section 453A.22(2)(a). Be advised that failure to pay the civil penalty by this date shall result in the automatic permit suspension for a period of fourteen (14) days in addition to the $300.00 fine. PASSED AND APPROVED this rna day of May 2005. Tertance M.Duggan, Attest: anne Schneider, CMC, City Clerk