Tobacco Commission

LOCAL TOBACCO CONTROL COMMISSION February 12, 2015 I. CALL TO ORDER AND ROLL CALL VOTE Mr. Kozik called the February 12, 2015 Local Tobacco Control Commission meeting to order at 8:15 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 Glonek, 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 21, 2013 Commissioner Pearse moved and Commissioner Wolgemuth seconded a motion to approve the minutes of the February 21, 2013 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 and Mr. Rob Nudo 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 entered the customer's birth date and the system indicated correctly that the customer was underage. Ms. Zaio stated the clerk believed she entered the incorrect birth date information and overrode the system. 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 as a result of the violation. Hearing no further questions or comments the public hearing was closed.  Local Tobacco Control Commission Meeting February 12, 2015 Page 2 of 3 SVT, LLC d/b/a Ultra Foods – 501 S. County Farm 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 Ultra Foods, whereby tobacco products were sold to a person under the age of 18. Chair Pro-tem Sender indicated that Ultra Foods, has entered a plea of guilty to the allegations. Ms. Michelle Tartaglia and Laura Wassong representing Ultra Foods were in attendance and stated that Ultra Foods takes full responsibility for the violation and apologizes for the incident. Ms. Tartaglia provided the Commission with information about Ultra Foods liquor and tobacco training programs. Ms. Tartaglia stated that the clerk who committed the violation entered the wrong birth date of the customer. Commissioner Pearse questioned what happened to the clerk. Ms. Tartaglia stated it is Ultra Foods policy to suspend the employee for three days and then retrain them upon their return. Ms. Tartaglia stated that a second violation results in dismissal. Ms. Tartaglia stated that this incident was not immediately reported to management and the employee never returned after being suspended. Commissioner Wolgemuth questioned whether or not Ultra Foods utilizes the services of a "secret shopper" program. Ms Tartaglia stated that the company did in the past and is considering utlilizing another company to provide such services. Hearing no further questions or comments the public hearing was closed. Walgreen Co. d/b/a Walgreens #15471 – 2191 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 Sus representing Walgreens was in attendance and stated that Walgreens takes full responsibility for the violation and apologizes for the incident. Mr. Sus provided the Commission with information about Walgreens' liquor and tobacco training programs. Mr. Sus stated that Walgreens has had equipment to scan licenses for the past 6 months. Mr. Sus stated that this equipment has necessitated that the training to be revised to require the clerks to study the license to make sure it is the license of the person presenting it and to see it has been altered. Mr. Sus stated that the license presented to the clerk was unable to be scanned in, so the birth date information was manually entered. Mr. Sus stated that the clerk entered the wrong birth date. Mr. Sus stated the clerk was a long-term employee with a clean record. Mr. Sus stated that she was given a final, written warning.  Local Tobacco Control Commission Meeting February 12, 2015 Page 3 of 3 When questioned by Chair Pro-tem Sender about retraining the clerk, Mr. Sus 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 8:35 P.M. On a voice vote, all voted aye. At approximately 8:40 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 $300, Ultra Foods $300, and Walgreens $300. VI. MISCELLANEOUS There was no miscellaneous business. VII. ADJOURNMENT The meeting was adjourned at 8:45 P.M. Respectfully submitted, James P. Kozik, AICP Director of Planning and Economic Development