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Council upholds $300 civil penalty for store after tobacco sale to underage buyer
Summary
The Iowa City Council found the retailer Almost Paradise Mini violated the city's tobacco-sale rules and imposed a statutorily required $300 civil penalty after police compliance checks showed an employee sold a tobacco product to a 20-year-old under a preponderance-of-the-evidence standard.
The Iowa City Council voted to assess a $300 civil penalty against Almost Paradise Mini after a police compliance check on Jan. 31, 2025, found an employee sold a tobacco product to a person under 21. The council’s action followed staff presentations from the city attorney’s office and the Iowa City Police Department about the administrative process and evidence.
Assistant City Attorney Jennifer explained the matter was an administrative hearing separate from criminal court and that the governing burden of proof for the civil penalty is “a preponderance of the evidence.” Sergeant Matt Ties of the Iowa City Police Department described how compliance checks are conducted with an underage helper supervised by officers; that helper must present a state ID if asked and is permitted only the ID and department-provided funds; interactions are ordinarily recorded for evidence.
In this case the helper, Riley Nunez (a 20-year-old officer with the Fairfield Police Department assisting the check), testified that the helper purchased a two-pack of Swisher grape cigarillos at Almost Paradise Mini and that “he did not ask for anything” when asked whether the clerk requested age or ID. Sergeant Ties said the employee did not ask for ID or age before selling the product; a criminal citation against the clerk had been dismissed earlier because the witness was unavailable for the criminal trial, not because the sale did not occur.
Under Iowa Code §453A.22(2), the council said, a first violation by a retailer requires assessment of a $300 civil penalty. The council voted to impose that penalty; the tally was 6–1 in favor, with Councilor Weiland the lone no vote. The city attorney’s office confirmed the civil process does not require a criminal conviction; the statute’s language treats a violation, not a conviction, as the trigger for civil penalties.
No representative of Almost Paradise Mini appeared at the hearing. The council’s decision applies to the retailer at 125 S. Dubuque Street; the city attorney's office and police department will manage notice and enforcement steps.
