Tobacco Commission

June 9, 2022 I. CALL TO ORDER AND ROLL CALL VOTE Chair Taylor called the May 12, 2022 meeting of the Local Tobacco Control Commission to order at 7:07 P.M. in the City Council Chambers of the Wheaton City Hall, 303 West Wesley Street. Upon roll call, the following were present: Commissioner Pearse, Commissioner Sender, Chair Taylor and Commissioner Whitmer. Absent: Commissioner Brown. City Staff Present: James P. Kozik, Director of Planning and Economic Development. II. PUBLIC COMMENT There was no public comment. III. APPROVAL OF MINUTES – May 12, 2022 Hearing no questions or comments, Commissioner Pearse moved and Commissioner Whittmer seconded a motion to recommend approval of the minutes of the May 12, 2022 Local Tobacco Control Commission meeting as submitted. On a voice vote, all voted aye. IV. OLD BUSINESS Violation Hearing – South Main Marathon, 325 S. Main Street 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 South Main Marathon, 325 S. Main Street whereby tobacco products was sold to a person under the age of 21. Chair Taylor stated that in their witness of the tobacco sale, the Wheaton Police observed that the sales clerk asked the decoy for identification. Chair Taylor stated that South Main Marathon, 325 S. Main Street has entered a plea of guilty to the allegations and that this is South Main Marathon, 325 S. Main Street 4th violation of the Tobacco Control Ordinance, the 1st occurring in 2007 with a fine imposed of $300; the 2nd occurring in 2012 with a fine imposed of $500 and the 3rd occurring in 2018 with a fine imposed of $500. Attorney Harry Smith and business owner Warren Hunter were present and discussed the circumstances relating to the violation. Commissioner Sender then moved and Commissioner Pearse seconded the motion to close the public hearing. On a voice vote, all voted aye. LOCAL TOBACCO CONTROL COMMISSION MEETING June 9, 2022 Violation Hearing – Pharaoh’s Smoke Inc., 105 W. 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 Pharaoh’s Smoke Inc., 105 W. Geneva Road whereby tobacco products was sold to a person under the age of 21. Chair Taylor stated that in their witness of the tobacco sale, the Wheaton Police observed that the sales clerk asked the decoy for identification. Chair Taylor stated that Pharaoh’s Smoke Inc., 105 W. Geneva Road entered a plea of guilty to the allegations. Chair Taylor stated that this is Pharaoh’s Smoke Inc., 105 W. Geneva Road 1st violation of the Tobacco Control Ordinance. Mr. Kozik stated that as no one representing Pharaoh’s Smoke Inc. is present, the City Attorney has advised that the Tobacco Commission to enter an order of default with respect to this matter. Commissioner Sender then moved and Commissioner Whittmer seconded the motion to cclose the public hearing. On a voice vote, all voted aye. Commissioner Whittmer 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 7:15 P.M. On a voice vote, all voted aye. At approximately 7:24 P.M. the Commission returned to open session. Following an admonishment of the licensees, Chair Taylor stated the Commission will be recommending a $600 fine for South Main Marathon and $500 for Pharaoh’s Smoke, Inc. to the Tobacco Commissioner. V. MISCELLANEOUS BUSINESS There was no miscellaneous business. VI. ADJOURNMENT The meeting was adjourned at 7:27 P.M. Respectfully submitted, James P. Kozik, AICP Director of Planning and Economic Development 2