HomeMy WebLinkAboutNeighborhood Mart-3/3/2014CITY OF WATERLOO
Council Communication
City Council Meeting: March 3, 2014
Prepared: February 25, 2014
Dept. Head Signature: James E. Walsh, Jr., City Attorney
# of Attachments:
SUBJECT: Neighborhood Mart, 2100 Lafayette Street, Waterloo, Iowa 50703, Tobacco
Violation, First $300.00 civil penalty
Submitted by: David R. Zellhoefer, Asst. City Attorney
Recommended City Council Action: Accept Acknowledgment/Settlement Agreement
Summary Statement: An employee sold tobacco to a minor. Under Iowa law, the City is allowed
to collect a civil penalty of $300.00 for a first violation. Neighborhood Mart was previously
contacted on January 27, 2014 by letter. They did not respond. The City is requesting the
approval of an Order assessing a Civil Penalty of $300.00 due and payable 30 days from the date of
the City Council Meeting. Failure to pay the civil penalty by April 3, 2014 shall result in an
automatic permit suspension for a period of fourteen (14) days in addition to the $300.00 civil
penalty.
Expenditure Required: None
Source of Funds
Policy Issue
Alternative
Background Information:
CITY OF WATERLOO, IOWA
CITY ATTORNEY'S OFFICE
715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286
March 3, 2014
Mayor Ernest G. Clark and City Council
City Hall
Waterloo, IA 50703
Re: Neighborhood Mart, 2100 Lafayette Street, Waterloo, Iowa, 50703
Dear Mayor Clark and Council Members:
I have not received a signed Acknowledgment/Settlement Agreement regarding
the violation of tobacco laws by the above -captioned permittee.
Therefore, I have enclosed an Order that you proceed with public hearing and
have the City Council assess a $300.00 civil penalty which is due 30 days from
the date of our Council Meeting, namely, April 3, 2014, and this results as a First
Violation. Should Neighborhood Mart fail to pay the civil penalty by April 3,
2014, it shall result in an automatic permit suspension for a period of fourteen
(14) days, in addition to the $300.00 fine.
Thank you for your assistance. Please call me if you have any questions.
Sincerely,
David R. Zellhoefer
Assistant City Attorney
DRZ:sda
Enclosures: Signed Acknowledgment/Settlement Agreement and Order
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Mayor
BUCK
CLARK
COUNCIL
MEMBERS
DAVID
JONES
Ward 1
CAROLYN
COLE
Ward 2
HAROLD
GETTY
Ward 3
QUENTIN M.
HART
Ward 4
RON
WELPER
Ward 5
BOB
GREENWOOD
At -Large
STEVE
SCHMITT
At -Large
CITY OF WATERLOC3 ! !®WA
CITY ATTORNEY'S OFFICE
715 Mulberry St. • Waterloo, IA 60703 • (319) 291-4327 Fax (319) 291-4571
JAMES E. WALSH, JR., City Attorney • DAVID R. ZBLLHOEFER, Assistant City Attorney
January 27, 2014
Ghulam Sabir
Muhammad Sarwar
Neighborhood Mart
2100 Lafayette Street
Waterloo, Iowa 50703
Re: Neighborhood Mart, 2100 Lafayette Street, Waterloo. lowa 50703
The City of Waterloo has scheduled a hearing before the Waterloo City Council
on the 24`x' day of February, 2014 at 5:30 p.m., in the Council Chambers; Second
Floor, City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703. The hearing
complaint, which has been filed against you, is attached.
If you or your representative fail to appear at this hearing, a decision may be
rendered against you. You have the opportunity to be heard at this hearing and to
be represented by an attorney at your own expense regarding the mandatory
5300.00 civil penalty prescribed by Iowa Code §453A.22(2)(a) for the violation
of §453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco
products, or cigarettes to any person under eighteen years of age.
If you wish to settle this case in lieu of the public hearing, you may complete the
attached Acknowledgment/Settlement Agreement, returning the original copy,
properly signed and dated, to David R. Zellhoefer, Assistant City Attorney, 715
Mulberry Street; Waterloo, Iowa, 50703, no later than ten (10) business days prior
to the hearing date. With this Acknowledgment/Settlement Agreement, you must
include a check in the amount of 5300.00 made payable to the City of Waterloo.
This will satisfy the penalty for a First Violation under Iowa Code §453A.22(2)
and will conclude the matter.
If you have any questions, you may reach me at (319) 291-4327. If you have
obtained representation by an attorney in this matter, the attorney should contact
me.
Sincerely,
David R. Zellhoefer
Assistant City Attorney
DRZ:sda
Enclosures: Hea�����t wcwcn ywatepoeoowomement Agreement
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
tJLC»
TOBACCO ENFORCEMENT PROGRAM
C.rn.kmnceoar
pp� I FY 2014
Retailer: IVB-'�t iur�k-) /14A- Address:
JI
City:
State:
2.)aC)GSCI �;
ZIP: 7)-
RESULTS (check one): n Compliant
If Unable to Complete the Compliance Check (check one)
0 Establishment has a VALID PERMIT but Does Not Sell Tobacco
Date Checked: 1/,/// _,,RrNon-Compliant Permit Status Verified by City Clerk or County Auditor.
0 Establishment No Longer Holds a Valid Tobacco Permit
Time Checked: / 6 S� U Unable to Complete
(NotApphcabie) 0 Establishment is Out of Business
Clerk Information: ❑ Male' emale 0 Establishment is designated as an "Unsatisfactory Condition"
��"" - "Unsatisfactory Condition" verified by ABD Tobacco Investigator
First Name: -te- 1,3714 Middle Initial: Officer Conducted a Walk -Through of the Premises
(Explanation Required in Comments Section Below)
Case #: IA, 14h. 2366 ® If none of the above reasons apply, write reason and explaination
7I
on the back of the form—see page 4 for reason list.
have issued a criminal citation to the clerk listed above for selling tobacco to a person under age eighteen. Iowa Code § 453A.2(1).
(NOTE: If the compliance check result is Non -Compliant, a citation must be issued before your department may receive payment.)
Last Name: - /c ,, / c
OFFICER INFORMATION:
Middle Initial: Last Name:
CONFIDENTIAL INFORMANT (CI):
CI Age: 1 6 ❑ 17 CI Gender: ❑ Male ❑ Female CI Number:
CI Ethnicity: ❑
2,
(Last 4 digits of Cl's ID)
e ❑ Asian ❑ African American ❑ Native American ❑ Hispanic ❑ Other
RESULTS OF ATTEMPTED PURCHASE:
Attempted Purchase Item: ❑ Cigarettes ❑ Smokeless Tobacco ❑ Other Tobacco Product
Age Requested? ❑ YES NO
ID Requested? ❑ YES SCI NO
$50
Officer Signatrte e Amount Due
COMMENTS:
Page 10
0 24 HOUR 0 72 HOUR
EQUIPMENT WARNING
i PLAINTIFF:
1
El State of Iowa No.: 07
County of: RI ACKHAWK
0 City of: WATERLOO
In the Courthouse at 316 E. 5th, Waterloo, IA
4
OFr1.._.
IOWAU ORM CITATION r+.._
LOO POLICE DEPT.
vs.
NAME: First Middle
Defendant, Last
Address
City State Zip
SS/DL# •State-: •• ,.` Co #
DL Class DL End DL Rest.
DOB / / ' Race - Sex . Ht. • Wt.
The undersigned states that on or about / ' / f_. at ; '. 0 AN/1.---DMMo. Day Yr.
defendant did unlawfully:
Operate Motor Vehicle/Boat (describe)
CMV 0 Yes 0 No HazMat Plac. Req. 0 Yes 0 No US DOT# Year
Reg # State
Upon a public highway at :'' '
Located in the county and state aforesaid and did then and there commit the following offense:
0 Traffic 0 Navigation 0 Snowmobile/ATV 0 Fish -Game 0 Parks
Scheduled Vio/Fine $ • 0 Road Construction Zone
0 Non -Scheduled Violation
Surcharge $ ~ 0 Court Appearance Required (805.10)
Reason:
Court Costs $ ❑ P.I. ❑ P.D. ($1000) Accident
❑ Fatal Accident
❑ Civil Damage Assessment
DO
NOT
WRITE
IN
THIS
SPACE
Total Fine/Costs
Violation ' ' • I4 Code
Speed In Zone -Sec. #
DATA CODE Fed/Adm. Code - Local Ord.
I swear that the foregoing complaint is true and correct.
signature
Subscribed and sworn to before me by
Waterloo <Igwa'this day of `
,. r < ,.._ - Notary/other
Court Date/Paid: If you must appear in court or if you choose to appear to answer a
charge, which clops not require an appearance, report to the above named court on:
at ,-AM 0 PM
a
Mo. Day Yr.
NOTICE: Providing false information is a violation of Section 719.3 of the Code of
Iowa and is punishable as an aggravated misdemeanor.
My signature below is not a plea of guilty, but acknowledges all of the following:
I. I hereby swear and affirm that the information provided by me on this citation is true under penalty
of providing false information.
2. I promise to appear in said court at said time and place, or I will comply with the provision on the
top of the reverse side of the citation.
The following applies to simple misdemeanors only: written
3. I hereby give my unsecured appearance bond in the amount ofd '' ''
dollars and enter my
appearance. I agree that if I fail to appear in person of by counsel to defend against the offense charged
in this citation, the court is authorized to enter a conviction and render judgment against me for the
amount of my appearance bond in satisfaction of the penalty and surcharge plus court costs.
Signature of Defendant
Charges, Dispositions, Sentences
Title: STATE vs. CLARK, MELISSA MARIA
Case: 01071 STA0109662 (BLACK HAWK)
Citation Number: 92403
Defenda CLARK, MELISSA MARIA
nt:
Count 01 Charge
Charge: 453A.2(1) -C
Of'f'ense
01/08/2014
Date:
DPS
Number:
Adjudication
e:
Charge: 453A.2(1) -C
Adj.:
Descripti 1ST OFFENSE - EMPLOYEE
on: PROVIDING TOBACCO TO MINOR
A rrest
Date:
Descripti
on:
Against Type:
1ST OFFENSE -
EMPLOYEE PROVIDING TOBACCO
TO MINOR
GUILTY - Adj.Date
NEGOTIATED/VOLU 01/21/2014
N PLEA
Adj.Judg MEANY, PATRICIA R
Commen
ts:
Sentence
Charge: 453A.2(1) -C
Descripti
on:
1ST OFFENSE -
EMPLOYEE PROVIDING TOBACCO
TO MINOR
Sentence 01/21/2014 Sentence FINE
Date:
Appeal:
Facility
Type:
Restituti
on:
N
Sen.Judg MEANY, PATRICIA R
e:
Attorney N
Drug: N Extradition:
N
Lic.Revo
ked:
Fine
Amount:
Commen
t:
N
100
DDS: N Batterer:
Duration
Register
CN=John Q Public,O=JUDICIAL
Certain details of case data are only shown to subscribers. You may logon at this time if you are a subscriber, or you
may be become a subscriber by registering at this time. There is a $25.00 per month subscription fee.
For exclusive use by the Iowa Courts
CD State of Iowa, All Rights Reserved
Summary r Paid Due
COSTS 60.00 0.00 60.00
FINE 100.00 0.00 100.00
SURCHARGE 35.00 0.00 35.00
RESTITUTION 0.00 0.00 0.00
OTHER 0.00 0.00 0.00
Make a payment on this case
SUPPORT/ALIMONY
$195.00
$0.00 $195.00
N/A x',00 N/A
BEFORE THE WATERLOO CITY COUNCIL
IN RE:
NEIGHBORHOOD MART ORDER
2100 LAFAYETTE STREET ASSESSING PENALTY
WATERLOO. IOWA 50703 FIRST VIOLATION
On this 3rd day of March, 2014, after a public hearing on the matter, the Waterloo City
Council finds that based upon evidence submitted by the City Attorney's Office, the above -
captioned permittee committed a violation of Iowa Code §453A.2(1), selling, giving, or
otherwise supplying any tobacco, tobacco products, or cigarettes to any person under eighteen
years of age.
THEREFORE, the Waterloo City Council hereby orders that a civil penalty in the sum of
$300.00 be remitted by the above -captioned permittee, payable to the City of Waterloo, on or
before April 3, 2014 (30 days from the date of this Order). This sanction will count as a First
Violation of lowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). Be advised that
failure to pay the civil penalty by this date shall result in the automatic permit suspension for a
period of fourteen (14) days in addition to the $300.00 fine.
Ernest G. Clark, Mayor
ATTEST:
Sella -es, City Clerk