Tobacco Commission

LOCAL TOBACCO CONTROL COMMISSION February 11, 2016 I. CALL TO ORDER AND ROLL CALL VOTE Mr. Kozik called the February 11, 2016 Local Tobacco Control Commission meeting to order at 7:46 P.M. in the Council Chambers of the Wheaton City Hall, 303 West Wesley Street. Upon roll call, the following were present: Commissioner Pearse, Commissioner Sender, Commissioner Wolgemuth. Absent: Commissioner Brown, Chair Taylor. City Staff Present: James P. Kozik, Director of Planning and Economic Development. Commissioner Pearse moved and Commissioner Wolgemuth seconded a motion to nominate Commissioner Sender as Chair Pro-tem. On a voice vote, all voted aye. II. PUBLIC COMMENT There was no public comment. III. APPROVAL OF MINUTES – FEBRUARY 12, 2015 Commissioner Pearse moved and Commissioner Wolgemuth seconded a motion to approve the minutes of the February 12, 2015 Local Tobacco Control Commission meeting as submitted. On a voice vote, all voted aye. IV. NEW BUSINESS – VIOLATION HEARINGS Osco Drug #3230 – Danada Square West Chair Pro-tem Sender called the public hearing to order. Chair Pro-tem Sender stated that the public hearing is to review evidence relating to allegations of a violation of the Tobacco Control Ordinance by Osco Drug #3230 in Danada Square West, whereby tobacco products were sold to a person under the age of 18. Chair Pro-tem Sender indicated that Osco Drug, has entered a plea of guilty to the allegations. Ms. Connie Zaio, Mr. Rob Nudo, and Mr. Jerry Fox were in attendance and stated that Osco Drug takes full responsibility for the violation and apologizes for the incident. Ms. Zaio explained that the store has equipment in place which requires entering the customer's birth data or scanning their license into the system. Ms. Zaio stated the clerk overrode the system as she believed the decoy was a Jewel employee who she knew was over 18 years of age. Ms. Zaio and Mr. Nudo explained the annual training each employee goes through regarding the sale of age restricted products. Mr. Nudo stated the employee was suspended three days and retrained as a result of the violation. Hearing no further questions or comments the public hearing was closed. Osco Drug #3283 - 2031 N. Main Street  Local Tobacco Control Commission Meeting February 11, 2016 Page 2 of 3 Chair Pro-tem Sender called the public hearing to order. Chair Pro-tem Sender stated that the public hearing is to review evidence relating to allegations of a violation of the Tobacco Control Ordinance by Osco Drug #3283 at 2031 N. Main Street whereby tobacco products were sold to a person under the age of 18. Chair Pro-tem Sender indicated that Osco Drug, has entered a plea of guilty to the allegations. Ms. Connie Zaio, Mr. Rob Nudo, and Mr. Jerry Fox again stated that Osco Drug takes full responsibility for the violation and apologizes for the incident. Ms. Zaio explained that clerk carded the individual and made a mental error regarding the inputing of the decoys birthdate. Hearing no further questions or comments the public hearing was closed. Marathon - 325 S. Main Street Chair Pro-tem Sender called the public hearing to order. Chair Pro-tem Sender stated that the public hearing is to review evidence relating to allegations of a violation of the Tobacco Control Ordinance by Marathon, whereby tobacco products were sold to a person under the age of 18. Chair Pro-tem Sender indicated that Marathon, has entered a plea of guilty to the allegations. Mr. Warren Hunter was in attendance and stated that he takes full responsibility for the violation and apologizes for the incident. Mr. Hunter explained that he only has five employees and they regularly discuss procedures for handling the sale of tobacco products. Hearing no further questions or comments the public hearing was closed. Walgreen Co. d/b/a Walgreens #07419 – 1601 W. Roosevelt Road Chair Pro-tem Sender called the public hearing to order. Chair Pro-tem Sender stated that the public hearing is to review evidence relating to allegations of a violation of the Tobacco Control Ordinance by Walgreens, whereby tobacco products were sold to a person under the age of 18. Chair Pro-tem Sender indicated that Walgreens, has entered a plea of guilty to the allegations. Mr. Russell McElmeel representing Walgreens was in attendance and stated that Walgreens takes full responsibility for the violation and apologizes for the incident. Mr. McElmeel provided the Commission with information about Walgreens' liquor and tobacco training programs. When questioned by Commissioner Pearse about how the clerk overrode the systems that were in place, Mr. McElmeel stated that the clerk answered "no" to the prompt as to whether the customer appeared under 40 years of age. Mr. McElemeel stated the clerk was a long- term employee with a clean record and that they were was given a final, written warning.  Local Tobacco Control Commission Meeting February 11, 2016 Page 3 of 3 When questioned by Chair Pro-tem Sender about retraining the clerk, Mr. McElemeel stated that the clerk was required to complete the training program for age restricted products. Hearing no further questions or comments the public hearing was closed. Commissioner Wolgemuth then moved and Commissioner Pearse seconded the motion to go into Executive Session pursuant to the Illinois Compiled Statutes 5ILCS 120/2 (c) (4) at 8:15 P.M. On a voice vote, all voted aye. At approximately 8:20 P.M. the Commission returned to open session. Chair Pro-tem Sender stated the Commission will be recommending the following fines to the Tobacco Commissioner: Osco Drug $750, Marathon $500, and Walgreens $500. VI. MISCELLANEOUS There was no miscellaneous business. VII. ADJOURNMENT The meeting was adjourned at 8:25 P.M. Respectfully submitted, James P. Kozik, AICP Director of Planning and Economic Development