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Tobacco License PenaltyCITY OF DUBUQUE, IOWA MEMORANDUM trir s ��f TO Michael C. Van Milligen City Manager FROM John J. Mauss Chief of Police INTRODUCTION BACKGROUND RECOMMENDATION July 26, 1999 SUBJECT Hearing for Tobacco License Penalty The purpose of this memo is to report a change in the recommended penalty for one of the tobacco permittees for which a hearing is being conducted rn August 2. In my memo of July 14 recommending the hearing and penalties for tobacco permittees, I mistakenly reported that the violation by an Employee of the Hartig Store on Town Clock Plaza was a second violation for that premises. In fact, the first violation which I cited had actually occurred at the Hartig Store at 157 Locust Street, and the violation at the TCP store is a first violation for that location. I have discussed this with someone from the Hartig Corporate Office who received the notice, and the City Clerk has sent an amended notice to the company. I recommend that Hartig Drug be assessed a civil penalty of $300 as a first violation. 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, a thirty day suspension against each of three permittees, and a sixty day suspension against one permittee. I concur with the recommendation and respectfully request Mayor and City Council approval. n MCVM /j Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager John Mauss, Police Chief CITY OF DUBUQUE, IOWA MEMORANDUM Atiff''741( Michael C. Van Milligen July 14, 1999 TO Michael C. Van Milligen City Manager FROM John J. Mauss Chief of Police CITY OF DUBUQUE, IOWA MEMORANDUM July 14, 1999 SUBJECT Penalties for Tobacco Permit Holders 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, a 30 day suspension against each of three permittees, am A 60 day suspension against one permittee. BACKGROUND In April, sell tobac Department volunteers have sold June and July 1999 compliance checks of establishments licensed to co products have been continued under an agreement with the Iowa of Public Health. Checks were conducted using trained underage under the supervision of the police officers. 10 establishments to an underage volunteer during that time. First violators are: AMOCO Food Shop, 1450 Loras Blvd, Employee Sally Jean Lessei sold on 6/24/99. - _ - -._. Aragon Tap, 1103 Iowa_S.t_,.Lisa Mulin.aro_goldon 6/26/99._ Bodines, 1445 Central, Eric Frommelt sold on 6/28/99. Dubuque Racing Association, 1855 Greyhound Park Rd., Tammy Block solr' 1 on 6/23/99. IOCO Speede Shoppe, 2150 Twin Valley Drive, Shelley Mess sold on 7/5/99. Tugboat Willy's, 1630 E. 16th, Daniel Faley sold on 6/23/99. Following are second violations within two years: Angies, 1401 Elm St., Thomas Joseph Pregler sold on 7/6/99. An employee had sold on 11/12/98; a civil penalty was assessed on that violation. Hartig Drug, 700 Town Clock Plaza, Barbara McDermott sold on 6/23/99. An employee had sold on 10/20/98 and a civil penalty was assessed. Kwik Stop, 2360 Central, Gwendolyn Peterson sold on 4/20/99. An employee had sold on 1/18/99 and a civil penalty was assessed. Following is a third violation within five years; Martin Auto Magic, 2175 central, Ronald Francois sold on 6/23/99. An employee had previously sold on 6/12/97 and 11/24/97. The employee making the sale was cited for the violation in each case; 5 have pled guilty and paid fines, and 5 cases are pending. 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 6 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 3 permittees identified above. For a third violation within five years, the penalty is a 60 day suspension of the permit. This is a third violation within five years for Martin Auto Magic. 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 6 establishments listed above, that the Council suspend the permit of the three second violators for a period of 30 days, and suspend the permit of Martin Auto Magic for a period of 60 days. • • CITY OF DUBUQUE, IOWA MEMORANDUM 3 y i k'* TO Michael C. Van Milligen City Manager FROM John J. Mauss Chief of Police July 14, 1999 SUBJECT Penalties for Tobacco Permit Holders 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, a 30 day suspension against each of three permittees, and a 60 day suspension against one permittee. BACKGROUND In April, June and July 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. 10 establishments have sold to an underage volunteer during that time. First violators are: AMOCO Food Shop, 1450 Loras Blvd, Employee Sally Jean Lessei sold on 6/24/99. Aragon Tap, 1103 Iowa St, Lisa Mulinaro sold on 6/26/99. Bodines, 1445 Central, Eric Frommelt sold on 6/28/99. Dubuque Racing Association, 1855 Greyhound Park Rd., Tammy Block sold on 6/23/99. IOCO Speede Shoppe, 2150 Twin Valley Drive, Shelley Mess sold on 7/5/99. Tugboat Willy's, 1630 E. 16th, Daniel Paley sold on 6/23/99. ollowing are second violations within two years: Angies, 1401 Elm St., Thomas Joseph Pregler sold on 7/6/99. An employee had sold on 11/12/98; a civil penalty was assessed on that violation. \ J Hartig Drug, 700 Town Clock Plaza, Barbara McDermott sold on 6/23/99. An employee had sold on 10/20/98 and a civil penalty was assessed. • DISCUSSION RECOMMENDATION Kwik Stop, 2360 Central, Gwendolyn Peterson sold on 4/20/99. An employee had sold on 1/18/99 and a civil penalty was assessed. Following is a third violation within five years: Martin Auto Magic, 2175 Central, Ronald Francois sold on 6/23/99. An employee had previously sold on 6/12/97 and 11/24/97. The employee making the sale was cited for the violation in each case; 5 have pled guilty and paid fines, and 5 cases are pending. 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 6 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 3 permittees identified above. For a third violation within five years, the penalty is a 60 day suspension of the permit. This is a third violation within five years for Martin Auto Magic. 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 6 establishments listed above, that the Council suspend the permit of the three second violators for a period of 30 days, and suspend the permit of Martin Auto Magic for a period of 60 days. CITY OF DUBUQUE, IOWA MEMORANDUM Fie a r4 ea TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Penalties for Tobacco Permit Holders July 14, 1999 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, a thirty day suspension against each of three permittees, and a sixty day suspension against one permittee. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM /j Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager John Mauss, Police Chief Michael C. Van Milligen