Tobacco Compliance AgreementsTHE CITY OF
Dins E MEMORANDUM
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March 13, 2007 _~~-,, ~- r
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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 is recommending that the City Council accept the
Acknowledgement/Settlement Agreements for Big Ten Mart 9th Street & Central
Avenue, HyVee #2 2395 Northwest Arterial, Hammerhead Bar & Billiards 2095 Kerper
Boulevard, Oky Doky 535 Hill Street, Eagle Country Market 1800 Elm Street, and
Midway Hotel/Hoffman House 3100 Dodge for their first violation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michae{ C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
THE CITY OF
DuB ~
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MEMORANDUM
DATE: March 13, 2007
TO: Michael C. Van Milligen
City Manager
FROM: Kim B. Wadding
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 Big Ten Mart 9t" Street & Central Avenue, HyVee #2 2395 Northwest Arterial,
Hammerhead Bar & Billiards 2095 Kerper Boulevard, Oky Doky 535 Hill Street, Eagle Country
Market 1800 Elm Street, and Midway Hotel/Hoffman House 3100 Dodge 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 employeelclerl<. 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 clerklemployee 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:
Tobacco Compliance Civil Penalties - Iowa Code 453A.22
(a) 1st Violation: $300 fine
(b) Z"~ Violation within 2 years: $1,500 fine or 30-day suspension
{c) 3`~ Violation wi#hin 3 years: $1,50b fine and 30-day suspension
{dj 4tt' Violatioe within 3 years: $1,500 fine and 60-day suspension
(e) St" Violation wi#hin 4 years: Revocation.
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 AcknowledgmenUSettlement 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 March 19, 2006 at 6:30 P.M. before the
City Council. If agreement is achieved, the AcknowledgmenUSettlement Agreement is
returned with payment and the hearing is cancelled.
Offense Violation Date Business Address Employee
Violatl4n
1 s Au ust 3, 2006 Bi Ten Mart 9 Street & Central Avenue Lucas FI nn
1 S
Au ust 22, 2006 H Vee #2 2395 Northwest Arterial Nicholas Ko es
1S
November 28, 2006 Hammerhead Bar 2095 Ker er Boulevard Karen West hal
1 S
November 30, 2006 Ok Dok ,Inc #8 535 Hill Street James Freichs
1 s
December 5, 2006 Ea le Count Market 1800 Elm Street Brittan Norton
1S
December 14, 2006 Midwa Hotel/Hoffman 3100 Dod a Street Matt Gantenbein
Acknowledgement/Settlement Agreements agreeing with the violation and submitting payment
have been received from all listed businesses.
RECOMMENDATION:
It is recommended the City Council accept and approve the attached Acknowledgement/
Settlement Agreements for Big Ten Mart 9~' Street & Central Avenue, HyVee #2 2395
Northwest Arterial, Hammerhead Bar & Billiards 2095 Kerper Boulevard, Oky Doky 535 Hill
Street, Eagle Country Market 1800 Elm Street, and Midway Hotel/Hoffman House 3100 Dodge
for their first violation.
ACTION REQUESTED:
We request the City Council to accept, approve and sign the attached order accepting the
Acknowledgement/Settlement Agreements for Big Ten Mart 9t" Street & Central Avenue
,
HyVee #2 2395 Northwest Arterial, Hammerhead Bar & Billiards 2095 Kerper Boulevard, Oky
Doky 535 Hill Street, Eagle Country Market 1800 Elm Street, and Midway Hotel/Hoffman
House 3100 Dodge for their first 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:
Big Ten Mart
9th Street & Central Avenue
Dubuque, IA 52001
: Molo Oil Company
: P.O. Box 1540
Dubuque, IA 52004
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 19th day of March, 2007 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 March 2007.
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:
HyVee #2
2395 Northwest Arterial
Dubuque, IA
HyVee, Incorporated
5820 Westown Parkway
West Des Moines, IA 50266
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST V10LATION
On this 19th day of March, 2007 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 March 2007.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk
TOBACCO COMPLIANCE ACCEPTANCE
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
15t VIOLATION
BEFORE THE DUBUQUE CITY COUNCIL
IN RE:
Hammerhead Bar & Billiards
2095 Kerper Boulevard
Dubuque, IA 52001
Hammerheads Incorporated
2095 Kerper Boulevard
Dubuque, IA 52001
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 19th day of March, 2007 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 March 2007.
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:
Oky Doky, Inc #8
535 Hill Street
Dubuque, IA 52001
Hill Street Plaza
535 Hill Street
Dubuque, lA 52001
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 19th day of March, 2007 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 March 2007.
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:
Eagle Country Market
1800 Elm Street
Dubuque, IA 52001
Dowtown Eagle Incorporated
925 Main Street
Crete, NE 68333
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 19th day of March, 2007 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 March 2007.
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:
Midway Hotel/Hoffman House
3100 Dodge Street
Dubuque, IA 52003
WCB Hotels Incorporated
3100 Dodge Street
Dubuque, IA 52001
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT
FIRST VIOLATION
On this 19th day of March, 2007 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 March 2007.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk