Tobacco Compliance Penalties for Permit Holders
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MEMORANDUM
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April 25, 2005
TO: The Honorable Mayor and City Council Members
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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
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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