Tobacco Permit PenaltiesMEMORANDUM
January 28,2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Penalties for Tobacco Permit Holders
Chief of Police Kim Wadding is recommending that the City Council set a hearing for
February 18, 2002, to consider assessing the appropriate civil penalty regarding
underage tobacco sales concerning nine tobacco permit holders.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Klm B. Wadding, Police Chief
DATE:
TO:
January' 21, 2002
Michael C. Van Milligan
City Manager
FROM: Kim B. Wadding
Police Chief
RE: Penalties for Tobacco Permit Holders
INTRODUCTION:
The purpose of this memo is to recommend that the City Council set a hearing to consider
assessing the appropriate civil penalty regarding underage tobacco sales concerning nine tobacco
permit holders.
BACKGROUND:
From August 2001 through November 2001, tobacco compliance checks were completed at
several establishments throughout Dubuque to ensure tobacco sales compliance. The compliance
checks used trained underage volunteers under supervision of police officers. Of the compliance
checks, employees of the listed businesses have received a court deposition finding of guilty for
underage tobacco sales. The businesses include:
2ud 08/14/2001 Kwik Stop 280 Locust Slxeet I Daniel J. Meyer
2nd 08/23/2001 Wal Mart 4200 Dodge Street Adam C. Feltes
1st 08/23/2001 Plaza 20 AMOCO 2600 Dodge Street Tammy E. Miller
1st 08/23/2001 Big I0 Mart 1875 JF Kennedy Road Sheyanne Miceli
1 st 08/23/2001 Dubuque Mining Co. 555 JF Kennedy Road Joan H. Metz
2nd 09/25/2001 Hartig Drug Co. #3 2255 JF Kennedy Road Kimberly Parsons
1st 09/25/2001 Aragon Tap 1103 Iowa Street Julie Bisdorf
1 st 09/25/200I Bunker Hill Golf& CC 2200 Bartker Hill Meggan Michels
1st 11/20/2001 B'Z 431 Rhomberg Ave. Jude Brashan
DISCUSSION:
Section 453A.22 of the Iowa Code provides that in addition to penalties paid by employees, the
State or local authority shall assess a penalty against the permit holder after the hearing as
follows:
1) For a first violation, the retailer shall be assessed a civil penalty in the amount
of three hundred dollars. Failure to pay the civil penalty as ordered shall result
in automatic suspension of the permit for a period of fourteen days.
2) For a second violation within a period of two years, the retailer's permit shall
be suspended for a period of thirty days.
3) For a third violation within a period of three years, the retailer's permit shall
be suspended for a period of sixty days.
4) For a fourth violation within a period of tkree years, the retailer's permit shall
be revoked.
RECOMMENDATION:
It is recommended that the City Council set a hearing for the above permittees. If after the
hearings the violations are sustained, the Council would assess the appropriate civil penalty to
each business based upon the number of violations.
ACTION REQUESTED:
Request the City Council to set a hearing date regarding the assessing of a civil penalty to the
listed tobacco permit holders.