Resolutions-2010 - 03

Prepared by: R. Scott Finlayson, Assistant County Attorney, P. O. Box 2450, Iowa City, IA 52244, 319. 339. 6100 RESOLUTION NO. 2010- 02 RESOLUTION ACCEPTING WAIVER OF RIGHT TO HEARING AND PAYMENT OF $ 300. 00 CIVIL PENALTY WHEREAS, on November 2, 2009, an employee of Casey' s General Store, 403 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, this was the first violation of Section 453A.2( I) by one of this 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, Casey's General Store has 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, THEREFORE, BE IT RESOLVED BY THE TIFFIN CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty from Casey's General Store. 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 THIS DATE: 12TH Day of February. rk" Ci Tiffin ATTES qCiClerk, City of Tiffin