HomeMy WebLinkAbout2008-082 Senor Sams
BEFORE THE CITY COUNCIL
CITY OF ASHLAND, JACKSON COUNTY, OREGON
July 1, 2008
IN THE MATTER OF AN APPEAL
PURSUANT TO SECTION 4.34.080 OF
FIRST PENALTY IMPOSED
PURSUANT TO CHAPTER 4.34 OF
THE ASHLAND MUNICIPAL CODE,
(FOOD AND BEVERAGE TAX)
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND ORDER
Appellant: Jim Gilbert
Senor Sams
I. NATURE OF PROCEEDINGS
This matter comes before the City Council for the City of Ashland pursuant to Section
4.34.080 of the Ashland Municipal Code as an appeal of the Director's determination
and imposition of the first penalty for late payment of first quarter 2008 Oanuary,
February and March, 2008) food and beverage taxes by Senor Sams Restaurant.
II. FINDINGS OF FACT AND CONCLUSIONS OF LAW
The City Council finds and determines that it has received all information necessary to
render this appeal determination based upon the materials and testimony included in
the whole record, including but not limited to the written submissions of the appellant,
Jim Gilbert. As well as the July 1, 2008 City staff report, supporting documentation and
testimony, incorporated herein and made a part hereof by this reference.
The City Council finds and determines that the Director's determination and imposition
of the first penalty is in full compliance with the ordinance and is supported by
competent substantial evidence in the record of this proceeding. The appellant has not
demonstrated any error in the Director's determination of penalty. Appellant's
presentation and materials concern the personal circumstances of the appellant and do
not provide the Council with a legal basis under the ordinance to reverse or modify the
Director's determination.
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III. ORDER AND DECISION
Accordingly, based on the above Findings of Fact and Conclusions of Law, and based
upon the evidence in the whole record of this proceeding, the City Council hereby
AFFIRMS the Director's imposition of the first Penalty as more fully set forth in the'
July 1, 2008 staff report in the record.
The City Council finds and determines that the amount due and payable under this
Order is seven hundred, sixty-four dollars and seventeen cents, ($764.17), as of the
date of this Order. Interest per AMC 4.34 shall begin to accrue on this amount or the
unpaid portion if full payment is not received by the Utility Division of the Finance
Department at 20 East Main within fourteen (14) days from the date of this order.
This decision is a final and conclusive determination and shall be immediately due and
payable by the appellant upon receipt of this Order. This Order does not alter, waive, or
excuse Appellant's other financial obligations to the City as may be contained or
expressed in other agreements, or as required to comply with the City ordinances
applicable to appellant's business. Nothing in this Order limits civil enforcement
proceedings against the appellant for violations of Ashland City Code.
CITY OF ASHLAND, OREGON
July 1, 2008
Date
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