Penalties for Tobacco Permit Holders
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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
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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
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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.
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~
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.