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HomeMy Public PortalAboutResolutions-2010 - 03RESOLUTION NO. 2010 - 03 A RESOLUTION APPROVING THE ISSUANCE OF THE ALCOHOL PERMIT FOR KUM & GO STORE # 137 LOCATED WITHIN THE CITY LIMITS OF TIFFIN, IOWA AT 101 VILLAGE DR. EFFECTIVE MARCH 1, 2010. Whereas, the City Council of the City of Tiffin, Iowa has reviewed and will determine the issuance of the Alcohol Permit requested by the business establishment known'as "Kum & Go Store #137" located within the city limits of Tiffin, Iowa. 11 Whereas, the City Council has not discovered any reason to deny the issuance of the Alcohol Permit for "Kum & Go Store #137". City Council directs the City Clerk to submit for local authority, approval of permit to the State of Iowa Alcoholic Beverages Division. On'the 10th day of February, 2010, at a regular meeting of the Tiffin City Council, Tiffin, Iowa., Councilperson Chris. Ball made a motion for APPROVING THE ISSUANCE OF THE ALCOHOL PERMIT FOR "Kum & Go Store #137'. WITHIN THE CITY LIMITS OF TIFFIN, IOWA AT 101 VILLAGE DR. EFFECTIVE MARCH 1, 2010. Seconded by Council person Mark Petersen. Ayes: Jim Bartels, Chris Ball, Mark Petersen, Travis Weipert Nays: None Absent: Mike Gericke WHEREUPON, with four votes for approval, Mayor Royce Phillips declared that the RESOLUTION 2010-03 APPROVING THE ISSUANCE OF THE ALCOHOL PERMIT FOR THE BUSINESS ESTABLISHMENT KNOWN AS "Kum & Go Store #137". LOCATED WITHIN THE CITY LIMITS OF TIFFIN, IOWA EFFECTIVE MARCH 1, 2010 be adopted and signified his approval of the same by affixing his signature thereto. ATTES,.� Ruth Dem h, City Clerk 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 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(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(l), 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 dopy 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. r 7&1.J,4 a, t1A 00 _Ih___.� �% or, Ci f Tiffi ATTES C] CityJerk, City aoffiffi:��n�