Tobacco Commission

June 20, 2024 I. CALL TO ORDER AND ROLL CALL Mr. Kozik called the June 20, 2024 meeting of the Local Tobacco Control Commission to order at 7:00 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, Commissioner Laird, Commissioner Taylor and Commissioner Whitmer. Absent: Chair Pearse. City Staff Present: James P. Kozik, Director of Planning and Economic Development. Commissioner Brown moved and Commissioner Whitmer seconded a motion to nominate Commissioner Taylor as Chair Pro-Tem. On a voice vote, all voted aye. II. PUBLIC COMMENT There was no public comment. III. APPROVAL OF MINUTES – June 8, 2023 Hearing no questions or comments, Commissioner Laird moved and Commissioner Whitmer seconded a motion to recommend approval of the minutes of the June 8, 2023 Local Tobacco Control Commission meeting as submitted. On a voice vote, all voted aye. IV. NEW BUSINESS Violation Hearing – Nitro Star LLC d/b/a Nitro Star Vape & Smoke – 1801 E. Roosevelt Road, Suite C Chair Pro-Tem Taylor called the public hearing to order. Chair Pro-Tem Taylor stated that the public hearing is to review evidence relating to allegations of a violation of the Tobacco Control Ordinance by Nitro Star LLC d/b/a Nitro Star Vape & Smoke – 1801 E. Roosevelt Road, Suite C 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 second violation of the Tobacco Control Ordinance. Mr. Ali Bhatti, owner, was present to explain the circumstances surrounding the violation. Mr. Mohammed stated that he has a small child at home and did not sleep well and was not thinking straight. Mr. Bhatti stated that the decoy was acting as if he had been a previous customer and asked to LOCAL TOBACCO COMMISSION MEETING AGENDA June 20, 2024 purchase a particular type of vape. Mr. Bhatti stated that he has learned his lesson and now he and his staff card everyone regardless of age. Commissioner Whitmer asked how often underage persons come in to try to buy tobacco products. Mr. Bhatti stated at least 1 -2 times a day. Hearing no further questions or comments the public hearing was closed. 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 7:08 P.M. On a voice vote, all voted aye. At approximately 7:11 P.M. the Commission returned to open session. Following an admonishment of the licensee, Chair Pro-Tem Taylor stated the Commission will be recommending a $250 fine to the Tobacco Commissioner. V. MISCELLANEOUS BUSINESS There was no miscellaneous business. VI. ADJOURNMENT The meeting was adjourned at 7:15 P.M. Respectfully submitted, Mark Taylor Chair Pro-Tem 2