Tobacco Sales Penalties
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MEMORANDUM
May 10, 2005
TO:
The Honorable Mayor and City Council Members
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
Dubuque Discount Gas, Ron's Discount Smokes and Beverages, HyVee Store, and
Hartig Drug Company #4 and the 1st violation civil penalty of $300. Additionally, it is
recommended that the City Council conduct a tobacco compliance hearing for A.W.N.
Stop Mart and if the violation is sustained, to approve and sign the attached order
assessing the 1st violation civil penalty of $300 to A.W.N. Stop Mart.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
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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 16, 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.
09/23/04
11/18/04
11/23/04
01/27/05
02/24/05
4110 Dod e Street
1701 John F. Kenned
1998 Jackson Street
3500 Dod e Street
2225 Central Avenue
Jennifer Ann Klauer
Robert Har Bott
Patrick Bullock
Ashle Jo Sabers
Lee Trenton Abitz
Of the five permit holders, Dubuque Discount Gas, Ron's Discount Smokes and Beverages,
HyVee Store, and Hartig Drug Company #4 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 Dubuque Discount Gas, Ron's Discount Smokes and Beverages, HyVee
Store, and Hartig Drug Company #4 and the 1 st violation civil penalty of $300.00 and consider
the matter concluded.
It is further recommended to continue with a tobacco compliance violation hearing for AW.N.
Stop Mart. 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 AW.N. Stop Mart.
ACTION REQUESTED:
We request the City Council to accept, approve and sign the attached order accepting the
Acknowledge/Settlement Agreements for Dubuque Discount Gas, Ron's Discount Smokes
and Beverages, HyVee Store, and Hartig Drug Company #4 and the civil penalty of $300.00.
Additionally, we request the City Council to conduct a tobacco compliance hearing for AW.N.
Stop Mart and if the violation is sustained, to approve and sign the attached order assessing
the 1st violation civil penalty of $300.00 to AW.N. Stop Mart.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
INRE:
Dubuque Discount Gas, Inc
4110 Dodge Street
Dubuque, IA 52003-2616
Dubuque Discount Gas, Inc
4110 Dodge Street
Dubuque, IA 52003-2616
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this date day of May 16, 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/"Iit(jay of May 2005.
Attest:
'L-
eanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1 st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Hartig Drug Company #4
2225 Central Avenue
Dubuque, IA 52001-3506
Hartig Drug Company Inc.
703 Main Street
Dubuque, IA 52001-6821
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this date day of May 16, 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/vA day of May 2005.
Attest:
eanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
INRE:
Hy-Vee Food Store #1
3500 Dodge Street
Dubuque, IA 52003-5247
HyVee, Inc
5820 Westown Parkway
West Des Moines, IA 50266-8223
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this date day of May 16, 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 thislV:&'day of May 2005.
Attest:
~
eanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1 st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Ron's Discount Smokes & Beverages
1701 John F. Kennedy Road
Dubuque, IA 52002-5103
RKM LLC
5560 Wintergreen
Dubuque, IA 52002-2113
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this date day of May 16, 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/~Kday of May 2005.
Attest:
TOBACCO COMPLIANCE
ASSESSING PENAL TV
1st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
AW.N. Stop Mart
1998 Jackson Street
Dubuque, IA 52001-3645
Waseem Choudhry
1998 Jackson Street
Dubuque, IA 52001-3645
ORDER ASSESSING PENAL TV
FIRST VIOLATION
On this 16th 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
453A2(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 16, 2005 (30
days from the date of this order). This sanction will count as a first violation of Iowa
Code section 453A2(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 offourteen (14) days in addition to the $300.00 fine.
PASSED AND APPROVED this _ day of May 2005.
Attest:
:/-
eanne Schneider, CMC, City Clerk