Tobacco Commission

June 8, 2023 I. CALL TO ORDER AND ROLL CALL VOTE Chair Pearse called the June 8, 2023 meeting of the Local Tobacco Control Commission to order at 7:14 P.M. in the City Council Chambers of the Wheaton City Hall, 303 West Wesley Street. Upon roll call, the following were present: Commissioner Brown, Chair Pearse, Commissioner Sender (via Zoom), Commissioner Taylor and Commissioner Whitmer. Absent: None. 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 11, 2023 Hearing no questions or comments, Commissioner Taylor moved and Commissioner Whitmer seconded a motion to recommend approval of the minutes of the May 11, 2023 Local Tobacco Control Commission meeting as submitted. On a voice vote, all voted aye. IV. NEW BUSINESS Violation Hearing – Wheaton Convenience LLC d/b/a CA Convenience - 1026 College Avenue Chair Pearse called the public hearing to order. Chair Pearse stated that the public hearing is to review evidence relating to allegations of a violation of the Tobacco Control Ordinance by Wheaton Convenience LLC d/b/a CA Convenience – 1026 College Avenue whereby tobacco products were sold to a person under the age of 21. Mr. Kozik stated that in their witness of the tobacco sale, the Wheaton Police observed that the salesclerk did not ask the decoy for identification and that the licensee has entered a plea of guilty to the allegations. Mr. Kozik stated that this is the licensee’s first violation of the Tobacco Control Ordinance. Mr. Khaleel Mohammed, owner, was present to explain the circumstances surrounding the violation. Mr. Mohammed stated that at the time of the violation, he had owned the store for just 3 days and had not had time to properly train the existing staff or hire new staff. Hearing no further questions or comments the public hearing was closed. LOCAL TOBACCO CONTROL COMMISSION MEETING June 8, 2023 Commissioner Whitmer then moved and Commissioner Brown seconded the motion to go into Executive Session pursuant to the Illinois Compiled Statutes 5ILCS 120/2 (c) (4) at 7:20 P.M. On a voice vote, all voted aye. At approximately 7:25 P.M. the Commission returned to open session. Following an admonishment of the licensee, Chair Pearse stated the Commission will be recommending a $200 fine to the Tobacco Commissioner. In addition, the licensee, within the next 30 days, will be required to take an online Safe Tobacco Sales Training Course and submit verification of passing such a course to the City. V. MISCELLANEOUS BUSINESS There was no miscellaneous business. VI. ADJOURNMENT The meeting was adjourned at 7:26 P.M. Respectfully submitted, James P. Kozik, AICP Director of Planning and Economic Development 2