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Tobacco Sales Penalties ~~~E ~<k~ 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. ~Il Iv 1 j L{\,i\ ~JlftJ!~_- Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kim B. Wadding, Chief of Police i3~~~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 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