Tobacco Permits Penalties
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MEMORANDUM
October 11 , 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:
Clarke Retail, Inc., 700 Rhomberg Avenue, Dubuque, IA 52001
A.W.N. Stop Mart, 1998 Jackson street, Dubuque, IA 52001
Chief of Police Kim Wadding recommends City Council approval of the
Acknowledgement/Settlement Agreement with Clarke Retail, Inc. regarding a first
tobacco compliance violation, and accepting the civil penalty of $300. Additionally, it is
recommended that the City Council conduct a second violation tobacco compliance
hearing for A.W.N. Stop Mart, and if the violation is sustained, to approve and sign the
attached order assessing the second violation civil penalty of $1 ,500 to be paid on or
before November 17,2005, or suspending their tobacco license for 30 days beginning
November 17, 2005.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael 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
October 11 , 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:
Clarke Retail, Inc., 700 Rhomberg Avenue, Dubuque, IA 52001
A.W.N. Stop Mart, 1998 Jackson street, Dubuque, IA 52001
Chief of Police Kim Wadding recommends City Council approval of the
Acknowledgement/Settlement Agreement with Clarke Retail, Inc. regarding a first
tobacco compliance violation, and accepting the civil penalty of $300. Additionally, it is
recommended that the City Council conduct a second violation tobacco compliance
hearing for A.W.N. Stop Mart, and if the violation is sustained, to approve and sign the
attached order assessing the second violation civil penalty of $1 ,500 to be paid on or
before November 17, 2005, or suspending their tobacco license for 30 days beginning
November 17, 2005.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
N~A~,
Michael 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:
October 10, 2005
FROM:
Michael C. Van Milligen
City Manager
Kim B. Wadding ~}~
Police Chief rlCV'
TO:
RE:
Tobacco Compliance - Civil penalty for Tobacco Permit Holder:
1) Clarke Retail, Inc 2)A.W.N Stop Mart
700 Rhomberg Avenue 1998 Jackson Street
Dubuque, IA 52001-3423 Dubuque, IA 52001-3645
INTRODUCTION:
The purpose of this memorandum is to administer a first tobacco compliance violation civil
penalty to Clarke Retail, Inc 700 Rhomberg Avenue and a second tobacco compliance
violation to A.W.N Stop Mart 1998 Jackson 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 October 17, 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.
700 Rhomber Avenue
1998 Jackson Street
On September 27,2005 Clarke Retail, Inc returned the Acknowledgement/Settlement
Agreement agreeing with the violation submitting payment for a first violation in the amount of
$300. As of October 10, 2005 no response has been received from A.W.N. Stop Mart 1998
Jackson Street.
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for Clarke Retail, Inc providing for a 1 st violation civil penalty of
$300.00 and consider the matter concluded. It is further recommended a tobacco compliance
hearing be held for A.W.N. Stop Mart 1998 Jackson Street regarding their second violation.
ACTION REQUESTED:
We request the City Council to accept, approve and sign the attached order accepting the
Acknowledgement/Settlement Agreements for Clarke Retail, Inc their accompanying civil
penalty of $300.00. We further request a tobacco compliance hearing be held regarding the
second violation for A.W.N. Stop Mart 1998 Jackson Street and if A.W.N. Stop Mart is found in
violation, the City Council execute and sign the attached order ordering A.W.N. to pay a civil
penalty of $1 ,500 on or before November 17, 2005 or suspend their tobacco license for thirty
(30) days beginning November 17,2005.
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:
Clarke Retail, Inc
700 Rhomberg Avenue
Dubuque, IA 52001-3423
Shreeji Services
700 Rhomberg Avenue
Dubuque, IA 52001-3423
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this date day of October 17, 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 October 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
.
TOBACCO COMPLIANCE ASSESSING PENAL TV
2nd VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Waseem Choudhry
1998 Jackson Street
Dubuque, IA 52001-3645
ORDER ASSESSING PENAL TV
SECOND VIOLATION
A.W.N. Stop Mart
1998 Jackson Street
Dubuque, IA 52001-3645
On this 17th day of October, 2005, after a public hearing on the matter, the
Dubuque City Council finds that based upon evidence submitted by the City of Dubuque
Attorney's Office, the above-captioned permittee committed a second violation of Iowa
Code section 453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco
products, or cigarettes to any person under eighteen years of age.
THEREFORE, the Dubuque City Council hereby orders a civil penalty in the
amount of $1,500 fine to be remitted by the above-captioned permittee, to the City of
Dubuque; check made payable to the City of Dubuque on or before November 17, 2005
(30 days from the date of this order) or if payment is not received by the date indicated
the tobacco license is to be suspended for a period of thirty (30) days beginning
November 17, 2005. This sanction will count as a second violation of Iowa Code section
453A.2(1), pursuant to Iowa Code section 453A.22(2)(b).
Mayor Terry Duggan
City of Dubuque
Attest:
Jeanne Schneider, CMC, City Clerk