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Tobacco Compliance Civil PenaltiesTHE CTTY OF DUB E ~1!Iasterpiece o~n the Mississip~ri MEMORANDUM August 14, 2007 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 a first tobacco compliance violation for Oky Doky, 1256 Iowa Street and HyVee #3, 300 South Locust Street, and a second tobacco compliance violation for HyVee #3, 300 South Locust Street, Beecher Company, 1691 Asbury Road and Eagle Country Market, 1800 Elm Street. I concur with the recommendation and respectfully request Mayor and City Council approval. r' ~~~ . ~~ti~,,~2 v Michael 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 E ~~~ DATE: August 8, 2007 MEMORANDUM 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 Oky Doky, 1256 Iowa Street and HyVee #3, 300 South Locust Street and a second violation to HyVee #3, 300 South Locust Street; Beecher Company, 1691 Asbury Road and Eagle Country Market, 1800 Elm Street 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: Tobacco Compliance Civil Penalties -Iowa Code 453A.22 (ai 1~ Violation: $300 fine {b) 2"~ Violation within 2 years:.$1,500 fine or 30-day suspension {cj 3~d Violation within 3 years: $1,500 fine and 30-day suspension.,. (d) 4t" Violation within 3 years: $1,50Q fine and 60-day suspension (e) 5~' Violation within 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 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 August 20, 2007 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. Offense Violation. Violation Date Business Address Employee 1 Janua 18, 2007 Ok Dok ,Inc. #6 1256 Iowa Street Terrance Norton 1 S Januar 18, 2007 H Vee #3 -Gas Station 300 South Locust Street Lara O'Toole 2" Februa 17, 2007 Beecher Com an 1691 Asbu Road Robert G. Heinz 2" March 15, 2007 H Vee #3 -Gas Station 300 South Locust Street Jonathan Garde 2" Ma 17, 2007 Ea le Count Market 1800 Elm Street Curtis Gilbert 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 a first violation for Oky Doky, 1256 Iowa Street and HyVee #3, 300 South Locust Street and a second violation for HyVee #3, 300 South Locust Street; Beecher Company, 1691 Asbury Road and Eagle Country Market, 1800 Elm Street. ACTION REQUESTED: We request City Council consideration to accept, approve and sign the attached order accepting the Acknowledgement/Settlement Agreements for a first tobacco compliance violation for Oky Doky, 1256 Iowa Street and HyVee #3, 300 South Locust Street and a second tobacco compliance violation for HyVee #3, 300 South Locust Street; Beecher Company, 1691 Asbury Road and Eagle Country Market, 1800 Elm Street. Cc: Barry Lindahl, Corporation Attorney Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk TOBACCO COMPLIANCE ACCEPTANCE ACKNOWLEDGMENTISETTLEMENT AGREEMENT 1St VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Oky Doky, Incorporated #6 1256 Iowa Street Dubuque, IA 52004-0300 TFM Company P.O. Box 300 Dubuque, Iowa 52004-0300 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 20th day of August, 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 August 2007. Roy D. Buol, Mayor Jeanne Schneider, CMC, City Clerk TOBACCO COMPLIANCE ACCEPTANCE ACKNOWLEDGMENTISETTLEMENT AGREEMENT 1St VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: HyVee #3 -Gas Station 300 South Locust Street Dubuque, IA 52003-7404 Hy-Vee Incorporated 5820 Westown Parkway West Des Moines, Iowa 50266-8223 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT FIRST VIOLATION On this 20~h day of August, 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 20th day of August 2007. Roy D. Buol, Mayor Jeanne Schneider, CMC, City Clerk TOBACCO COMPLIANCE ACCEPTANCE ACKNOWLEDGMENT/SETTLEMENT AGREEMENT 2nd VIOLATION BEFORE THE DUBUQUE CITY COUNCIL IN RE: Beecher Company 1691 Asbury Road Dubuque, IA 52001-5729 Beecher Company Incorporated 1691 Asbury Road Dubuque, Iowa 52001-5729 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT SECOND VIOLATION On this date day of August 20, 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 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 of August 2007. 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: Eagle Country Market 1800 Elm Street Dubuque, IA 52001-3639 Downtown Eagle Incorporated 925 Main Street Crete, NE 68333-2255 ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT SECOND VIOLATION On this date day of August 20, 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 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 August 2007. Attest: Roy D. Buol, Mayor Jeanne Schneider, CMC, City Clerk TOBACCO COMPLIANCE ACCEPTANCE ACKNOWLEDGMENT/SETTLEMENT AGREEMENT 2 VIOLATION BEFORE THE DUBUQUE CITY COUNCIL 1N RE: HyVee #3 -Gas Station 300 South Locust Street Dubuque, lA 52003-7404 Hy-Vee incorporated 5820 Westown Parkway ; West Des Moines, Iowa 50266-8223 : ORDER ACCEPTING ; ACKNOWLEDGMENT/SETTLEMENT AGREEMENT SECOND VIOLATION On this date day of August 20, 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 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 20th day of August 2007. Roy D. Buol, Mayor Jeanne Schneider, CMC, City Clerk