Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, (319)753-8124.

MINUTES OF THE PROCEEDINGS OF

THE BURLINGTON, IOWA CITY COUNCIL

Special Meeting No. 11

December 17, 2001

The Burlington City Council met in special session at 1:00 p.m. with Mayor Scott, Council Members Edwards, Kellogg, Thomas and Wehrle present.

SPECIAL MEETING NOTICE ACKNOWLEDGED

HEARINGS ON IMPOSITION OF CIVIL PENALTY FOR SALE OF CIGARETTES TO MINORS

STATE OF IOWA VERSUS FRATERNAL ORDER OF EAGLES, AERIE NO. 150

COMMENTS: Attorney Don Stanley of the Attorney General's office reviewed with Council and the viewing audience the violation of sale of cigarettes by an employee of the Fraternal Order of Eagles, Aerie No. 150. He stated that Iowa Code Chapter 453 A assesses a civil penalty in the amount of $300.00 against the retailer. This penalty is mandatory and cannot be waived or modified. Harold Davis, secretary of the Fraternal Order of Eagles stated that the club should not be assessed a civil penalty which was a mistake made by an employee. Attorney Stanley explained that all retailers are aware of the "We card program" and the Iowa Pledge information which are distributed to all tobacco permit holders. After consideration and discussion by the City Council and the City's Attorney, the Council voted in favor of the civil penalty against the Fraternal Order of Eagles, Aerie No. 150. Mayor Scott abstained from voting as he was a member of the Fraternal Order of Eagles. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 4 - "AYES" THOMAS, WEHRLE, EDWARDS, KELLOGG

1 - "ABSTAIN" SCOTT)

STATE OF IOWA VERSUS KWIK SHOP NO. 569

COMMENTS: Attorney Don Stanley of the Attorney General's office reviewed with Council and the viewing audience the violation of sale of cigarettes by an employee of the Kwik Shop No. 569. He stated that Iowa Code Chapter 453 A assesses a civil penalty in the amount of $300.00 against the retailer. This penalty is mandatory and cannot be waived or modified. The Kwik Shop was represented by their Attorney Steve Doohen; Brenda Mutchler, Manager of the Kwik Shops in Burlington; Pat Cummings, District Advisor; and Chuck Jones of the Kwik Shop home office in Hutchinson, Kansas. The Kwik Shop had their court reporter swear in their witnesses. Attorney Doohen presented the Council with seven exhibits (1- personnel file; 2 - personnel file; 3 - employee handbook; 4 - calendar located at point of sale; 5 - We card under 18 plastic warning sign; 6 - training video; and 7 - poster.) He explained that the Kwik Shop takes the sale of tobacco by minors seriously by training their employees and sending reminders. After consideration and discussion by the City Council and the City's Attorney, the Council voted in favor of the civil penalty against the Kwik Shop No. 569. Council Member Wehrle abstained from voting as Brenda Mutchler, Manager of the Kwik Shops, was a previous student of his. Council Member Thomas questioned if he should abstain from voting as his attorney is in practice with Attorney Doohen. Attorney Doohen stated that he did not have a problem with Council Member Thomas voting. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 4 - "AYES" SCOTT, THOMAS, EDWARDS, KELLOGG

1 - "ABSTAIN"- WEHRLE )

STATE OF IOWA VERSUS KWIK SHOP NO. 571

COMMENTS: Attorney Stanley and Attorney Doohen both reiterated their arguments against the Kwik Shop No. 571. After consideration and discussion by the City Council and the City's Attorney, the Council voted in favor of the civil penalty against the Kwik Shop No. 571. Council Member Wehrle abstained from voting as Brenda Mutchler, Manager of the Kwik Shops, was a previous student of his. Mayor Scott asked that the exhibits be kept with the City Clerk. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE 4 - "AYES" SCOTT, THOMAS, EDWARDS, KELLOGG

1 - "ABSTAIN" - WEHRLE)

ADJOURNMENT: 2:45 p.m. APPROVED: January 7, 2002

Kathleen P. Salisbury Timothy E. Scott

City Clerk CMC Mayor

(See tape on file in the office of the City Clerk for complete discussion and documentation.)