HomeMy WebLinkAboutA022 - Legal Opinion dated March 16, 2000 on retention of penalties s�
- City Attorney's Office
515 Clark Avenue,P. O.Box 811
Ames,IA 50010
Caring Program
Phone: 515-239-5146 •Fax: 515-239-5142
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March 16, 2000
The Honorable Ted Tedesco, Mayor,
F
y 16 2000
and Members of the City Council MAR
of the City of Ames, Iowa - „
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CITY OF Ann. `._.
Re: Cigarettes—Minors—Penalty Proceeds
Dear Mayor Tedesco and Council Members:
At the meeting of March 7th, the Council asked if the City would receive the proceeds from civil
penalties imposed on dealers pursuant to Section 453A.22. The answer is no.
The civil penalty that is imposed on the underage person who is found in possession of tobacco
products in violation of Section 453A.2(2)is retained by the city or county enforcing the prohibition.
See Section 453A.3(2), Code of Iowa. However, that provision for local retention of the civil
penalty does not extend to civil penalties assessed under Section 453A.22 against tobacco product
dealers.
The disposition of civil penalties imposed on tobacco product dealers pursuant to section 453A.22
is not provided for with specificity. However, the general language of Section 453A.35 that: "...
penalties provided for under this chapter shall be credited to the general fund of the state" would
appear to preclude retention of those penalty proceeds by the City. That view was the opinion of
Assistant Attorney General Lucy Hardy in her telephone call-back to me on the afternoon of
March 15.
Yours truly,
John R. Klaus
City Attorney
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