Tobacco Compliance, Walgreens Agree.
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MEMORANDUM
July 6, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tobacco Compliance - Civil penalty for Tobacco Permit Holder:
Walgreen's #0377
555 John F. Kennedy Road
DubuquelA 52002-5206
Chief of Police Kim Wadding recommends City Council approval of the
Acknowledgement/Settlement Agreement with Walgreen's #0377 regarding a second
tobacco compliance violation, and accepting the civil penalty of $1 ,500.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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:
July 5, 2005
TO:
Michael C. Van Milligen
City Manager
FROM:
Kim B. Wadding
Police Chief
RE:
Tobacco Compliance - Civil penalty for Tobacco Permit Holder:
Walgreen's #0377
555 John F. Kennedy Road
Dubuque, IA 52002-5206
INTRODUCTION:
The purpose of this memorandum is to administer a second tobacco compliance violation civil
penalty to Walgreen's 555 John F. Kennedy Road Dubuque, Iowa regarding violation of Iowa
code 453A.22(2).
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:
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 a 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 July 18, 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. On June 30, 2005 Walgreen's #0377 returned the
Acknowledgement/Settlement Agreement agreeing with the violation submitting payment for a
second violation in the amount $1,500.
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreement for Walgreen's #0377 and the 2nd violation civil penalty of $1 ,500.00
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 Walgreen's #0377 and the civil penalty of
$1,500.00.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
2nd VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Walgreen's #0377
555 John F. Kennedy Road
Dubuque, [A 52002-5206
Walgreen Company
P.O. Box 901
Deerfield, IL 60015
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
SECOND VIOLATION
On this date day of July 18, 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 One
Thousand five hundred dollars ($1,500.00). This sanction will count as a second
violation of Iowa Code 453A.2(1), pursuant to Iowa Code section 453A.22(2)(b).
IT IS THEREFORE ORDERED that the judgment in this matter is hereby
satisfied.
PASSED AND APPROVED this /Y1 clay of July 2005.
Tefrance M. Dugga
Attest:
Jeanne Schneider, CMC, City Clerk