Resolutions-2010-02

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(1) 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. [Signature] Mayor, City of Tiffin ATTEST: [Signature] City/Clerk, City of Tiffin