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Iowa City revokes Almost Paradise cigarette permit after five compliance failures in four years
Summary
Council found two recent sales to an underage buyer and, citing prior violations, imposed a $1,500 civil penalty and a 60‑day retail cigarette permit suspension, then later revoked the retail cigarette permit after the fifth finding; council votes were 6–1 on each action.
The Iowa City Council found that employees at Almost Paradise sold tobacco or nicotine products to an underage buyer during compliance checks on May 29 and June 27, 2024 and, citing prior violations, approved enforcement actions including a civil penalty, a permit suspension and ultimately revocation of the retail cigarette permit.
Assistant City Attorney Jennifer Schwagarath told the council it must make an independent determination because the related criminal citations were dismissed in magistrate court for witness unavailability. Schwagarath cited Iowa Code provisions that govern employee sales to minors and the civil penalty process.
Sergeant Matt Tice and Officer Jeff Schmidt of the Iowa City Police Department described how an under‑age helper (19 at the time) entered the store with a city‑issued recording device, made purchases without deception and produced the purchased product and recordings to officers. The helper, identified in council testimony as Grace Batchelor, said she was instructed to answer truthfully if asked her age and to provide her ID when requested.
Under the code the council must impose civil penalties when it determines a violation occurred. For the May 29 incident the council voted 6–1 to assess a $1,500 civil penalty and a 60‑day retail cigarette permit suspension (the lone no vote was Councilor Wei Line). When the June 27 incident was considered the council found a fifth violation within the applicable four‑year lookback period and voted 6–1 to revoke Almost Paradise’s retail cigarette permit.
Attorney Shannon Walsh spoke for the permittee and said the business has changed ownership structure during the period in question; she disputed the city’s approach to aggregating violations against the place of business and said the criminal citations had been dismissed. The city attorney advised the council of Iowa Supreme Court precedent treating the “place of business” as the controlling factor when infractions occur at the same location even if permit or ownership paperwork changes.
Council members stressed the limited nature of their adjudicative role: they must decide whether, by a preponderance of the evidence, the alleged sales occurred; if so, the statutory penalties follow. After separate votes on the May 29 civil penalty/suspension and the June 27 revocation, both motions passed 6–1.
Ending: The owner may pursue any administrative or judicial appeals allowed under state statute; the council’s actions apply the municipal enforcement process under Iowa Code governing tobacco and nicotine retail permits.
