Resolutions-2007-25

Prepared by: Andrew Chappell, Assistant County Attorney, Pb. Box 2450; Iowa City, IA 52244, 319. 339. 6100 - RESOLUTION NO. ' 2007- 28 RESOLUTION ASSESSING $ 300. 00 CIVIL PENALTY AGAINST SUBURBAN BP ' AMOCO WHEREAS, on February 27, 2007, an employee of Suburban BP Amoco, 403 N. Stephans Street, Tiffin," Iowa, violated Iowa Code § 453A. 2( 1) by selling or providing tobacco to a minor; and WHEREAS, at the time of the violation this establishment was operating under a retail cigarette permit issued by the City of Tiffin; and WHEREAS, pursuant to Iowa Code § 453A.22( 2), an establishment that holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee being convicted of or pleading "guilty to a violation of Iowa Code § 453A.2( 1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the Tiffin City Council to determine whether to assess the civil penalty against Suburban BP Amoco and at said hearing the Tiffin City Council heard the facts of the violation and the arguments of the permitee; and WHEREAS, this violation is the first such violation of an employee of Suburban BP Amoco - within a two- year period to be considered by the Tiffin City Council under Iowa Code § ' 453A. 22( 2). x. NOW, THEREFORE, BE IT RESOLVED BY THE TIFFIN CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A. 22( 2) hereby imposes a civil penalty in the amount of $300. 00 against Suburban BP Amoco. r BE IT FURTHER RESOLVED,, that said retail cigarette permitee has twenty ( 20) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permitee shall automatically be suspended for a period of fourteen ( 14) days, in addition to the civil penalty. BE IT FURTHER RESOLVED, that the CityClerk will' forward a copy of this Resolution to the Johnson -County Attorney' s Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder' s place of business as it appears on the -application for a retail cigarette permit. PASSED AND APPROVED: May 9, 2007 2 Mayor, City of Tiffin ATTEST: City perE, , ity of tiri k z a