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MINUTES <br />CITY COUNCIL <br />JULY 12, 2000 <br />APPEAL OF Donee Kresko, Sinclair Station, appeared before the Council to appeal <br />TOBACCO the administrative fine that they received for the sale of tobacco to a <br />FINE - minor. It was noted that this is the second violation that occurred at the <br />SINCLAIR Sinclair Station. Kresko reported that Sinclair has a zero tolerance level <br />STATION with regard to the sale of tobacco to minors, and the clerk who made the <br /> sale has been terminated. Kresko reported that the clerk reported that he <br /> had poor eyesight and that he misread the birthdate on the identification <br /> that was provided by the minor. Kresko reported that even though the <br /> employee has been with the company since 1984, he was terminated due <br /> to the illegal sale. <br />Fahey noted the fact that the Sinclair Station terminated a 16-year <br />employee for an illegal tobacco sale. Pedersen pointed out that Sinclair <br />has a zero tolerance policy, and Kresko is arguing that the City should <br />lessen its penalties toward Sinclair when Sinclair terminated a 16-year <br />employee. <br />Kresko then reported that the employee was not actually terminated, but <br />was transferred to the trucking department. <br />Scalze stated that unless there was an unusual circumstance with the <br />compliance check, she did not feel that the City should deviate from the <br />ordinance. <br />It was noted that the City Attorney has received the report from the <br />Sheriff s Department and would be pursuing a criminal complaint against <br />the clerk. <br />Morelan pointed out that the Sheriff s Department is paid to enforce the <br />City's laws and there has been no indication from the Sheriffs <br />Department that there were any unusual circumstances in this matter. <br />Kresko reported that Sinclair was hoping that the City would reduce the <br />administrative fine that was imposed. <br />Pedersen noted that this is not the first violation. Kresko reported that she <br />did not manage the station at the time of the first violation and that <br />management practices have been tightened since that time. <br />Mr. Morelan introduced the following resolution and moved its adoption: <br />RESOL UTION NO. 2000-7-I65 -DENYING THE APPEAL OF <br />SINCLAIR STATION RELATIVE TO ADMINlb`TRATIVE FINE FOR <br />ILLEGAL. TOI3A000 SAl ES <br />