Tobacco Compliance Penalties
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MEMORANDUM
June 13, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael Co Van Milligen, City Manager
SUBJECT: Tobacco Compliance - Civil Penalty for Tobacco Permit Holders
Chief of Police Kim Wadding recommends City Council approval of the
Acknowledgment/Settlement Agreements for Oky Doky, Inc., 2010 Kerper Boulevard,
for their first tobacco compliance violation; and Clarke Retail Enterprises, 700
Rhomberg Avenue, for their second tobacco compliance violation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michoael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim Bo Wadding, Chief of Police
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MEMORANDUM
DATE:
June 9, 2006
TO:
FROM:
Michael C. Van Milligen
City Manager
Kim B. waddin~1~tJ
Police Chief
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 Oky Doky, Inc., 2010 Kerper Blvd, and a second tobacco compliance violation to
Clarke Retail Enterprises, 700 Rhomberg Avenue, 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 July 5,2006 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.
Acknowledgement/Settlement Agreements agreeing with the violation and submitting payment
have been received from both listed businesses.
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for Oky Doky, Inc., 2010 Kerper Blvd, for their first violation and Clarke
Retail Enterprises, 700 Rhomberg Avenue, for their second violation.
ACTION REQUESTED:
We request City Council consideration to accept, approve and sign the attached order
accepting the Acknowledgement/Settlement Agreements for Oky Doky, Inc., 2010 Kerper
Blvd, for their first violation and Clarke Retail Enterprises, 700 Rhomberg Avenue, for their
second violation.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
1 sl VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Oky Doky, Inc
2010 Kerper Blvd
Dubuque, IA 52001-3668
TFM Company
1250 Iowa Street
Dubuque, IA 52004-0300
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 19th day of June, 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 June 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:
Clarke Retail Enterprises
700 Rhomberg Avenue
Dubuque, IA 52001-3423
Shreejf Services
700 Rhomberg Avenue
Dubuque, IA 52001-3423
ORDER ACCEPTING
ACKNOWLEDGMENTISETTLEMENT
AGREEMENT
SECOND VIOLATION
On this 19th day of June, 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 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 June 2006.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk