Tobacco License PenaltyCITY OF DUBUQUE, IOWA
MEMORANDUM
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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