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Tobacco Penalties D1:;B~ ~<k~ MEMORANDUM August 8, 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: Lucky 13 Tavern, 385 East 13th Street, Dubuque, IA 52001 Dubuque Plaza 20 AMOCO, 2600 Dodge Street, Dubuque, IA 52003 Chief of Police Kim Wadding recommends City Council approval of the Acknowledgement/Settlement Agreement with Lucky 13 Tavern and the Dubuque Plaza 20 AMOCO regarding a first tobacco compliance violation, and accepting the civil penalty of $300 each. I concur with the recommendation and respectfully request Mayor and City Council approval. MicDvln ~f!2iL MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kim B. Wadding, Chief of Police , j I . '- ;. -1 I , -I '-- ~,' _..J \._J ~~~E ~</k.~ MEMORANDUM DATE: August 8, 2005 TO: FROM: Michael C. Van Milligen City Manager Kim B. Wadding ..1,,) Police Chief 1\:t' RE: Tobacco Compliance - Civil penalty for Tobacco Permit Holder: 1) Lucky 13 Tavern 2) Dubuque Plaza 20 AMOCO 385 East 13th Street 2600 Dodge Street Dubuque, IA 52001 Dubuque, IA 52003 INTRODUCTION: The purpose of this memorandum is to administer a first tobacco compliance violation civil penalty to Lucky 13 Tavern 385 East 13th Street and Dubuque Plaza 20 AMOCO 2600 Dodge Street 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 holders have received notification by certified mail of a tobacco compliance violation with a scheduled hearing date of August 15, 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 July 20 and August 1, 2005 Dubuque Plaza 20 AMOCO and Lucky 13 Tavern respectively returned the Acknowledgement/Settlement Agreement agreeing with the violation submitting payment for a first violation in the amount of $300 from each business. RECOMMENDATION: It is recommended the City Council accept and approve the attached Acknowledgement/ Settlement Agreements for Lucky 13 Tavern and the Dubuque Plaza 20 AMOCO providing for a 1st violation civil penalty of $300.00 for each business and consider the matter concluded. ACTION REQUESTED: We request the City Council to accept, approve and sign the attached order accepting the Acknowledgement/Settlement Agreements for Lucky 13 Tavern and the Dubuque Plaza 20 AMOCO and their accompanying civil penalty of $300.00 each. Cc: Barry Lindahl, Corporation Attorney Cindy Steinhauser, Assistant City Manager ,-,Jeanne Schneider, City Clerk TOBACCO COMPLIANCE ACCEPTANCE ACKNOWLEDGMENT/SETTLEMENT AGREEMENT 1 st VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Dubuque Plaza 20 AMOCO 2600 Dodge Street Dubuque, IA 52003 A& T LLC 5560 Wintergreen Dubuque, IA 52002 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this date day of August 15, 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 _ day of August 2005. Terrance M. Duggan, Mayor Attest: Jeanne Schneider, CMC, City Clerk TOBACCO COMPLIANCE ACCEPTANCE ACKNOWLEDGMENT/SETTLEMENT AGREEMENT 1st VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Lucky 13 Tavern 385 East 13th Street Dubuque, IA 52001 David H. Erickson 385 East 13th Street Dubuque, IA 52001 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this date day of August 15, 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 _ day of August 2005. Terrance M. Duggan, Mayor Attest: Jeanne Schneider, CMC, City Clerk