Resolutions-2007-25

Prepared by: Andrew Chappell, Assistant County Attorney, P. O. Box 2450, Iowa City, IA 52244, 319. 339. 6100 RESOLUTION NO. 2007- 29 k RESOLUTION ACCEPTING WAIVER OF' RIGHT TO HEARING AND PAYMENT OF $ 300. 00 CIVIL PENALTY r 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 E WHEREAS, this was the first violation of Section 453A.2( 1) by one ofthis business' s employees or agents within a two- year period; and WHEREAS, pursuant to Iowa Code § 453A. 22( 2), after a hearing and proper notice an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 the first time its employee violates Iowa Code § 453A. 2( 1); and - WHEREAS, on or about May 9, 2007, Suburban BP Amoco waived its right to the hearing required by Iowa Code § 453A. 22( 2) and accepted responsibility for its employee' s violation of Iowa Code § 453A. 2( 1), by paying the $ 300. 00 civil penalty; and NOW;' CouncilTHEREFORE, BE waiver should accept the IT RESOLVED BY THE TIFFIN CITY COUNCIL that the City of right to hearing and payment of $300. 00 Suburban BP Amoco. civil penalty from E BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney' s Office, which will then provide a copy ofthe 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 Mayor, City of Tiffin ATTEST: City leek, ity ofin