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. 4
July 15, 2002
The Burlington City Council met in special session at 3:00 p.m. with Mayor Scott, Council Members Baker, Edwards, Kellogg and King present.
SPECIAL MEETING NOTICE ACKNOWLEDGED
HEARING ON IMPOSITION OF CIVIL PENALTY FOR SALE OF CIGARETTES TO MINORS
STATE OF IOWA VERSUS KWIK SHOP NO. 570
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 Kwik Shop Store No. 570. He stated that Iowa Code Chapter 453A assesses a civil penalty in the amount of $300.00 against the retailer. This penalty is mandatory and cannot be waived or modified. He presented the Council with one exhibit, the Iowa Uniform Citation and Complaint for an employee of Kwik Shop Store No. 570 showing that the individual pled guilty to the selling of tobacco to a minor. The Kwik Shop was represented by Patricia Cummings, District Advisor for Kwik Shop. Patricia Cummings stated that Kwik Shop works diligently on the training of their employees regarding Iowa law against the sale of cigarettes to minors. After considerable discussion by the Council it was the unanimous decision that the Council found Kwik Shop Store No. 570 to be in violation of Iowa Code Chapter 453A and further imposed a civil penalty on Kwik Shop Store No. 570 in the amount of $300.00 as prescribed by law. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
MOTIONS:
1. That the Burlington City Council finds Kwik Shop Store No. 570 to be in violation of Iowa Code Chapter 453A
DISCUSSION: Council Member King made a motion that the Burlington City Council finds Kwik Shop Store No. 570 to be in violation of Iowa Code Chapter 453A. Council Member Kellogg seconded the motion. After roll call vote the motion was unanimously approved.
(VOTE: 5 - "AYES") CARRIED
2. That the Burlington City Council Impose a Civil Penalty on Kwik Shop Store No. 570 in the Amount of $300.00 as Prescribed by Law
DISCUSSION: Council Member King made a motion that the Burlington City Council Impose a Civil Penalty on Kwik Shop Store No. 570 in the Amount of $300.00 as Prescribed by Law. Council Member Kellogg seconded the motion. After roll call vote the motion was unanimously approved.
(VOTE: 5 - "AYES") CARRIED
ADJOURNMENT: 3:55 p.m. APPROVED: August 5, 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 of the special meeting portion of the meeting.)