Tobacco Penalties Business Report
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MEMORANDUM
January 23, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Tobacco Compliance - Civil Penalty for Tobacco Permit Holders
Chief of Police Kim Wadding recommends City Council approval of the
AcknowledgmenUSettlement Agreements for Econofoods, 3355 John F. Kennedy Road;
Dempsey's and Molly's Pub, 395 West 9th; Kwik Stop, 1401 Central Avenue; and
Puff-N-Snuff, 1101 Rhomberg Avenue, for their first violation; and Ron's Discount
Smokes, 1701 John F. Kennedy Road and Hartig Drug Company, 2225 Central Avenue
(if payment is received by the February 6,2006 hearing date) for their second violation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
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MEMORANDUM
DATE:
January 23, 2006
FROM:
Michael C. Van Milligen
City Manager
Kim B. Waddin. ir-..
Police Chief ~v
TO:
RE:
Tobacco Compliance - Civil penalty for Tobacco Permit Holders
INTRODUCTION:
The purpose of this memorandum is to administer a first tobacco compliance violation civil
penalty to Econofoods, 3355 John F. Kennedy Road, Dempsey's and Molly's Pub, 395 West
9th, Kwik Stop, 1401 Central Avenue, and Puff-N-Snuff, 1101 Rhomberg Avenue, and a
second tobacco compliance violation to Hartig Drug Company, 2225 Central Avenue, and
Ron's Discount Smokes and Beverages, 1701 John F. Kennedy Road, 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 February 6, 2006 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.
Jul 28, 2005
October 25, 2005
November 3, 2005
Se tember 9, 2005
Se tember 6, 2005
October 27,2005
3355 John F. Kenned Circle
859 West 9 Street
1401 Central Avenue
1101 Rhomber Avenue
2225 Central Avenue
1701 John F. Kenned Road
Justin Oldham
Erich V. Weber
Marcia Glider
Juanita Millman
Matthew Jahn
Nicole Blosch
Acknowledgement/Settlement Agreements agreeing with the violation and submitting payment
have been received from all listed businesses with the exception of Hartig Drug Company. On
January 20, 2006 contact was made with Keith Bibelhausen of Hartig Drug and was told Hartig
Drug would be submitting the $1,500 penalty payment by the February 6, 2006 hearing date.
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for Econofoods 3355 John F. Kennedy Road, Dempsey's and Molly's
Pub 395 West 9th, Kwik Stop 1401 Central Avenue, and Puff-N-Snuff 1101 Rhomberg Avenue
for their first violation and Ron's Discount Smokes 1701 John F. Kennedy Road and Hartig
Drug Company 2225 Central Avenue (if payment is received by the February 6, 2006 hearing
date) for their second violation.
ACTION REQUESTED:
We request the City Council to accept, approve and sign the attached order accepting the
Acknowledgement/Settlement Agreements for Econofoods 3355 John F. Kennedy Road,
Dempsey's and Molly's Pub 395 West 9th, Kwik Stop 1401 Central Avenue, and Puff-N-Snuff
1101 Rhomberg Avenue for their first violation and Ron's Discount Smokes 1701 John F.
Kennedy Road and Hartig Drug Company 2225 Central Avenue (if payment is received by the
February 6,2006 hearing date) for their second violation.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Econofoods #471
3355 John F. Kennedy Circle
Dubuque, IA 52002
Nash Finch Company - Legal Department
P.O. Box 355
Minneapolis, MN 55440-0355
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this date day of February 6, 2006 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 February 2006.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Dempseys and Molly's Pub
395 West 9th
Dubuque, IA 52001
Deborah A. Clifford
1012 Boyer
Dubuque, IA 52001
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this date day of February 6, 2006 in lieu of a public hearing on the matter, the
Dubuque City Council approves the attached AcknowledgemenUSettlement 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 February 2006.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Kwik Stop
1401 Central Avenue
Dubuque, IA 52004
Rainbo Oil Company
P.O. Box 768
Dubuque, IA 52004-0768
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this date day of February 6, 2006 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 February 2006.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1st VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Puff-N-Snuff
1101 Rhomberg Avenue
Dubuque, IA 52004
Molo Oil Company
P.O. Box 1540
Dubuque, IA 52004
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this date day of February 6, 2006 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 February 2006.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
2nd VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Hartig Drug Company
2225 Central Avenue
Dubuque, IA 52001
Hartig Drug Company
703 Main Street - P.O. Box 709
Dubuque, IA 52004-0709
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
SECOND VIOLATION
On this date day of February 6, 2006 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 _ day of February 2006.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
2nd VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Ron's Discount Smokes and Beverages
1701 John F. Kennedy Road
Dubuque, IA 52002
RKM LLC
5560 Wintergreen
Dubuque, IA 52002
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
SECOND VIOLATION
On this date day of February 6, 2006 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 _ day of February 2006.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk