Resolutions-2009-01

Prepared by: R. Scott Finlayson, Assistant County Attorney, P. O. Box 2450, Iowa City, IA 52244, 319. 339. 6100 RESOLUTION NO. o7 O O 9 —O Z RESOLUTION ASSESSING $ 1500. 00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST THE DEPOT WHEREAS, on December 10, 2008, an employee of The Depot, 221 West Marengo Road, Tiffin, Iowa, violated Iowa Code § 453A. 2( 1) by selling or providing tobacco to a minor; and 0 WHEREAS, at the time of this violation, The Depot was operating under a retail cigarette permit issued by the City of Tiffin; and WHEREAS, pursuant 453A. 22( 2), an establishment which holds a retail cigarette to Iowa Code § permit is subject to a civil penalty of $300. 00 as a result of its employee violating Iowa Code § 453A. 2( 1), after a hearing and proper notice; and is subject to a $ 1500. 00 civil penalty or thirty day retail cigarette permit suspension, at the retailer' s option, for the second such violation within a two- year period; and , WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against The Depot and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the second such violation of an employee of The Depot within a two- year period to be considered by the City Council under Iowa Code § 453A. 22( 2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TIFFIN CITY COUNCIL that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22( 2), hereby imposes either a $ 1500. 00 civil penalty or thirty day retail cigarette permit suspension, against The Depot, at its option. BE IT FURTHER RESOLVED, thdsaid retail cigarette permitee has twenty (20) days from the date of this Resolution to choose its5civil penalty by either paying the $ 1500. 00 civil penalty in full to, the City Clerk or by delivering to the City Clerk its retail cigarette permit for service of a thirty day suspension. 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 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: 3^- ,2 - 0 or, of Ti m ATTEST. City elerk, City of Tiffin