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