Loading...
Penalties for Tobacco Permit Holders .~ /,P-,<'~9 J CITY OF DUBUQUE, IOWA MEMORANDUM December 1, 1999 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Penalties for Tobacco Permit Holders Police Chief John Mauss is recommending that a hearing be set to consider assessing a civil penalty of $300 against each of several tobacco permittees, and a thirty day suspension against two permittees. I concur with the recommendation and respectfully request Mayor and City Council approval. /lltv!! k,jJAfl_ Michael C. Van Milligen MCVM/j Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager John Mauss, Police Chief ... ~ "\"~ CITY OF DUBUQUE, IOWA MEMORANDUM November 27, 1999 TO Michael C. Van Milligen City Manager John J. Mauss 0- Chief of POliC~ Penalties for Tobacco Permit Holders FROM SUBJECT INTRODUCTION The purpose of this memo is to recommend that the City Council set a hearing to consider assessing a civil penalty of $300 against each of several tobacco permittees and a 30 day suspension against two permittees. BACKGROUND In October and November 1999 compliance checks of establishments licensed to sell tobacco products have been continued under an agreement with the Iowa Department of Public Health. Checks were conducted using trained underage volunteers under the supervision of the police officers. Seven establishments have sold to an underage volunteer during that time. First violators are: AMOCO Auto/Truck Plaza, 1215 E. 16th, Cheryl Oeth sold on 11/27/99 lOCO Speede Shoppe, 1998 Jackson, Phyllis Scott sold on 10/26/97 McCann's lOCO, 690 W. Locust, Tiffeny Robinson sold on 10/30/99 Oky Doky #6, 1256 Iowa, Kimberly Erickson sold on 11/23/99 Tony's Place, 1701 Central, Ronald Blakeman sold on 10/30/99 Second violators are: AMOCO Food Shop, 1450 Loras, Diana Vondran sold on 10/26/99. Another employee had previously sold on 6/24/99; a civil penalty of $300 has already been assessed for that sale. Wareco, 700 Rhomberg, Martin Bentz sold on 10/26/99. Another employee had sold on 6/24/99; a civil penalty of $300 has already been assessed for that sale. DISCUSSION Section 453A.22 of the Iowa Code provides that in addition to penalties paid by the employees, the State or local authority shall assess a penalty against the ~ . permit holder after a hearing. For a first offense, the penalty is a civil penalty of $300. This is a first violation for 5 of the establishments above. For a second violation within two years, the penalty is a 30 day suspension of the permit. This is a second violation within two years for the AMOCO Food Shop at 1450 Loras and the Wareco station at 700 Rhomberg. Three of the above employees have been convicted and fined; the other four cases are pending. RECOMMENDATION I recommend that the City Council set a hearing for the above permittees. I further recommend that, following the hearing, the Council assess a civil penalty of $300 against the first 5 establishments listed above, and that the Council suspend the permit of the AMOCO Food Shop at 1450 Loras and the Wareco Station at 700 Rhomberg. .~ ~ CITY OF DUBUQUE, IOWA MEMORANDUM December 1 / 1999 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Penalties for Tobacco Permit Holders Police Chief John Mauss is recommending that a hearing be set to consider assessing a civil penalty of $300 against each of several tobacco permittees, and a thirty day suspension against two permittees. I concur with the recommendation and respectfully request Mayor and City Council approval. /Jtd kf}h'J Michael C. Van Milligen MCVM/j Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager John Mauss, Police Chief CITY OF DUBUQUE, IOWA MEMORANDUM November 27, 1999 TO Michael C. Van Mi1ligen City Manager John J. Mauss if Chief of POliC~ Penalties for Tobacco Permit Holders FROM SUBJECT INTRODUCTION The purpose of this memo is to recommend that the City Cot.mcil set a hearing to consider assessing a civil penalty of $300 against each of several tobacco permittees and a 30 day suspension against two permittees. BACKGROUND In October and November 1999 compliance checks of establishments licensed to sell tobacco products have been continued under an agreement with the Iowa Department of Public Health. Checks were conducted using trained underage volunteers under the supervision of the police officers. Seven establishments have sold to an underage volunteer during that time. First violators are: AMOCO Auto/Truck Plaza, 1215 E. 16th, Cheryl Oeth sold on 11/27/99 lOCO Speede Shoppe, 1998 Jackson, Phyllis Scott sold on 10/26/97 McCann's lOCO, 690 W. Locust, Tiffeny Robinson sold on 10/30/99 Oky Doky #6, 1256 Iowa, Kimberly Erickson sold on 11/23/99 Tony's Place, 1701 Central, Ronald Blakeman sold on 10/30/99 Second violators are: AMOCO Food Shop, 1450 Loras, Diana Vondran sold on 10/26/99. Another employee had previously sold on 6/24/99; a civil penalty of $300 has already been assessed for that sale. Wareco, 700 Rhomberg, Martin Bentz sold on 10/26/99. Another employee had sold on 6/24/99; a civil penalty of $300 has already been assessed for that sale. DISCUSSION Section 453A.22 of the Iowa Code provides that in addition to penalties paid by the employees, the State or local authority shall assess a penalty against the permit holder after a hearing. For a first offense, the penalty is a civil penalty of $300. This is a first violation for 5 of the establishments above. For a second violation within two years, the penalty is a 30 day suspension of the permit. This is a second violation within two years for the AMOCO Food Shop at 1450 Loras and the Wareco station at 700 Rhomberg. Three of the above employees have been convicted and fined; the other four cases are pending. RECOMMENDATION I recommend that the City Council set a hearing for the above permittees. I further recommend that, following the hearing, the Council assess a civil penalty of $300 against the first 5 establishments listed above, and that the Council suspend the permit of the AMOCO Food Shop at 1450 Loras and the Wareco Station at 700 Rhomberg.