Tobacco Commission

LOCAL TOBACCO CONTROL COMMISSION March 10, 2016 I. CALL TO ORDER AND ROLL CALL VOTE Chair Taylor called the March 10, 2016 Local Tobacco Control Commission meeting to order at 7:50 P.M. in the Council Chambers of the Wheaton City Hall, 303 West Wesley Street. Upon roll call, the following were present: Commissioner Brown, Commissioner Pearse, Commissioner Sender, Chair Taylor. Absent: Commissioner Wolgemuth. City Staff Present: James P. Kozik, Director of Planning and Economic Development. II. PUBLIC COMMENT There was no public comment. III. APPROVAL OF MINUTES – FEBRUARY 10, 2016 Commissioner Sender moved and Commissioner Brown seconded a motion to approve the minutes of the February 10, 2016 Local Tobacco Control Commission meeting as submitted. On a voice vote, all voted aye. IV. NEW BUSINESS – VIOLATION HEARINGS Shell - 204 E. Geneva Road Chair Taylor called the public hearing to order. Chair Taylor stated that the public hearing is to review evidence relating to allegations of a violation of the Tobacco Control Ordinance by Shell at 204 E. Geneva Road, whereby tobacco products were sold to a person under the age of 18. Chair Taylor indicated that Shell has entered a plea of guilty to the allegations. Mr, Kozik stated that representatives from Shell are not present as the business is closed. Mr. Kozik stated that the City Attorney has given an opinion to proceed with the matter as if they were present. In their witness of the tobacco sale, Mr. Kozik stated that the Wheaton Police observed that the clerk asked the decoy for identification. Mr. Kozik stated that this is the first violation by the current licensee for this store since they took over ownership in 2011. Previous violations for this store by other licensees occurred in 2005 and 2010 with fines of $250 and $500 respectively. Hearing no questions or comments the public hearing was closed. Namaste Foods - 1801 E. Roosevelt Rd. Chair Taylor called the public hearing to order. Chair Taylor stated that the public hearing is to review evidence relating to allegations of a violation of the Tobacco Control Ordinance by Namaste Foods at 1801 E. Roosevelt Road whereby tobacco products were sold to a person under the age of 18.  Local Tobacco Control Commission Meeting March 10, 2016 Page 2 of 2 Chair Taylor indicated that Namaste Foods, has entered a plea of guilty to the allegations. Mr. Kozik stated that in their witness of the tobacco sale, the Wheaton Police observed that the clerk did NOT ask the decoy for identification and that this is the first violation for this store. Mr. Bhin Thapa, owner and clerk at the store, stated the store was busy at the time of the sale and he didn’t ask for any identification. Mr. Thapa stated he is the only person that works in the store. When questioned by Commissioner Pearse, Mr. Thapa replied that he has owned the store for two years. Hearing no further questions or comments the public hearing was closed. Commissioner Pearse then moved and Commissioner Sender seconded the motion to go into Executive Session pursuant to the Illinois Compiled Statutes 5ILCS 120/2 (c) (4) at 7:55 P.M. On a voice vote, all voted aye. At approximately 8:10 P.M. the Commission returned to open session. Chair Taylor stated the Commission will be recommending the following fines to the Tobacco Commissioner: Shell $500 and Namaste Foods $250. Chair Taylor stated that recommendation for Namaste Foods will include obtaining the “we card” signs, etc. form the State within 30 days. VI. MISCELLANEOUS There was no miscellaneous business. VII. ADJOURNMENT The meeting was adjourned at 8:15 P.M. Respectfully submitted, James P. Kozik, AICP Director of Planning and Economic Development