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Tobacco Compliance Penalties ~~%duE ~~~ 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. Ai~~ Michoael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kim Bo Wadding, Chief of Police Di]~~JE ~c/k.~ 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