Tobacco Penalty Paro Food Mart
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MEMORANDUM
June 13, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Tobacco Compliance - Civil Penalties for Tobacco Permit Holder
Chief of Police Kim Wadding recommends City Council approval of the
Acknowledgement/Settlement Agreement with Paro Food Mart regarding a tobacco
compliance violation, and accepting the civil penalty of $300.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael 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:
June 13, 2005
TO:
Michael C. Van Milligen
City Manager
FROM:
Kim B. Wadding
Police Chief
RE:
Tobacco Compliance - Civil penalties for Tobacco Permit Holder
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. The compliance check consists of the following:
1) An underage youth working with Dubuque Police Officers enters the permit holder
business and requests the purchase of a pack of cigarettes or some type of
smokeless tobacco.
2) The underage youth remains under direct supervision during the compliance check
by the accompanying officers.
3) If asked, the underage youth is instructed to show their true underage identification
to the employee/clerk. Additionally, the underage youth is instructed to truthfully
answer all questions asked by the employee/clerk.
4) If a purchase is made, the youth leaves the business and meets with the officers at
a predetermined location where an accounting of the purchase is completed.
5) Once the youth is away from the business, the investigating officer approaches the
clerk, identifies him or herself and completes the investigation. In most cases this
results in issuing a citation for selling tobacco products to an underage youth.
6) Once the clerk/employee has been cited, the officer attempts to contact the
manager or owner telling them of the violation and the possible civil penalties.
7) Upon conclusion of the criminal disposition resulting in a guilty plea or conviction,
initiation of the civil penalty to the business permit holder begins. The business
permit holder civil penalty includes:
In addition to the compliance checks, the Dubuque Police Department provides free ongoing
training for business permit holders. During the past year (July 1, 2004 to June 13, 2005),
nine tobacco retailer trainings were held with 316 registered to attend. Of those, 259 retail
employees were trained.
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 permit holder has received notification by certified mail of a tobacco compliance
violation with a scheduled hearing date of June 20,2005 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.
RECOMMENDATION:
On June 10, 2005 Paro Food Mart returned the Acknowledgement/Settlement Agreement
agreeing with the violation submitting payment of the $300 civil penalty. It is recommended
the City Council accept and approve the attached Acknowledgement/Settlement Agreement
for Paro Food Mart and the 15t violation civil penalty of $300.00 and consider the matter
concluded.
ACTION REQUESTED:
We request City Council to accept, approve and sign the attached order accepting the
Acknowledgement/Settlement Agreement for Paro Food Mart and the civil penalty of $300.00.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
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TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1 st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
INRE:
Paro Food Mart
3200 Central Avenue
Dubuque, IA 52001
Paro Food Mart
3200 Central Avenue
Dubuque, IA 52001
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this date day of June 20, 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.
I-A-
PASSED AND APPROVED this/l? day of June 2005.
Attest:
eanne Schneider, CMC, City Clerk