HomeMy WebLinkAboutPrime Mart-3/3/2014CITY OF WATERLOO
Council Communication
City Council Meeting: March 3, 2014
Prepared: February 21, 2014
Dept. Head Signature: James E. Walsh, Jr., City Attorney
# of Attachments:
SUBJECT: Prime Mart, 3535 Marigold Street, Waterloo, Iowa 50701, 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. The City is requesting the approval of an
Order accepting the Acknowledgement/Settlement Agreement and check for $300.00.
Expenditure Required: None
Source of Funds
Policy Issue
Alternative
Background Information:
Mayor
BUCK
CLARK
COUNCIL
MEMBERS
DAVID
JONES
Ward 1
CAROLYN
COLE
Ward 2
HAROLD
GETTY
Ward 3
QIJENTIN M.
HART
Ward 4
RON
WELPER
Ward 5
BOB
GREENWOOD
At -Large
STEVE
SCHMITT
At -Large
CITY OF WATERLOO, IOWA
CITY *TTS PNEY'S OFFICE
715 Mulberry St. • Waterloo, IA 60703 • (319) 291-4327 Fax (319) 291-4571
JAMES E. WALSH, JR., City Attorney e DAVID R ZELLHOJ k±1(, Assistant City Attorney
March 3, 2014
Mayor Buck Clark and City Council
City Hall
Waterloo, IA 50703
Re: Prime Mart, 3535 Marigold Street, Waterloo, Iowa, 50701
Dear Mayor Clark and Council Members:
I have received a signed Acknowledgment/Settlement Agreement regarding the
violation of tobacco laws by the above -captioned permittee. A copy is enclosed
for your records.
I have also enclosed an Order form accepting this Agreement in lieu of a public
hearing and concluding this matter. Please approve and sign this Order at your
next regularly scheduled meeting. The Original signed Order should then be sent
to the permit holder. A copy should be returned to the City Attorney's Office.
Thank you for your assistance. Please call me if you have any questions.
Assistant City Attorney
DRZ:sda
Enclosures: Signed Acknowledgment/Settlement Agreement and Order
C: City Clerk
file
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
IN RE:
PRIME MART ACKNOWLEDGMENT/
3535 MARIGOLD STREET SETTLEMENT AGREEMENT
WATERLOO, IOWA, 50701 FIRST VIOLATION
I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice
of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily
acknowledge the facts and allegations contained in the Complaint, attached hereto and
incorporated herein by reference, and knowingly and voluntarily admit that the same are true and
correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory
penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official
"First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed
a check for the amount of $300.00 made payable to the City of Waterloo to settle the above -
referenced complaint. The above -captioned permit holder hereby waives all jurisdictional claims.
Date: 2-// fi
NOTE: This must be signed by an individual cigarette permittee, or in the case of another
business entity, by individual(s) who have authority to bind the entity.
If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
and waive your appearance at a hearing, this document, properly signed and
dated, along with your $300.00 check made payable to the City of Waterloo, should
be returned to: David R. Zellhoefer, Assistant City Attorney, 715 Mulberry Street,
Waterloo, Iowa, 50703.
Bse Inc 05-13
3535 marygold Dr
Waterloo, IA 50701
PAY TO THE` Q �7 � -C_C\
ORDER OF
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MildWestOne Bank
4510 Prairie Parkway
Waterloo, IA 50701
FOR
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DOLLARS el NZE:
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Mayor
BUCK
CLARK
COUNCIL
MEMBERS
DAVID
JONES
Ward 1
CAROLYN
COLE
Ward 1
HAROLD
GETTY
Ward 3
QUENTIN M.
HART
Ward 4
RON
WELPER
Ward 5
BOB
GREENWOOD
At -Large
STEVE
SCHMITT
At -Large
CITY OF WATERLOO, IOWA
CITY ATTORNEv a OFFOCE
715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571
JAMES E. WALSH, JR., City Attorney • DAVID R ZBLLHOtiEEK, Assistant City Attorney
January 31, 2014
Prime Mart
3535 Marigold Street
Waterloo, Iowa 50701
Re: Prime Mart, 3535 Marigold Street, Waterloo, Iowa, 50701
The City of Waterloo has scheduled a hearing before the Waterloo City Council
on the 101x' day of March, 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
$300.00 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 $300.00 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,
D' el oefer
Assistant City Attorney
DRZ:sda
Enclosures: Hearing Complaint, Acknowledgment/Settlement Agreement
C: City Clerk
file
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employe,
IN RE:
PRIME MART
3535 MARIGOLD STREET
WATERLOO, IOWA, 50701
HEARING COMPLAINT
FIRST VIOLATION
The City of Waterloo hereby makes the following complaint against the above-named permittee:
1. Iowa Code §453A.2(1) provides that a person shall not "sell, give, or otherwise
supply any tobacco, tobacco products, or cigarettes to any person under eighteen
years of age."
2. Iowa Code §453A.22(2)(a) provides that if a permit holder or employee of a permit
holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil
penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code
§453A.2(1).
3. On or about January 16, 2014, the permittee or an employee of the permittee sold
cigarettes or tobacco products to a person under eighteen years of age. A copy of the
Compliance Check and/or Criminal Conviction is attached and incorporated herein.
4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City
Council find a violation of the above -referenced section of Iowa Code Chapter 453A
and assess a civil penalty in the amount of Three Hundred Dollars ($300.00) against
Prime Mart.
D
oefer
Assistant City Attorney
TOBACCO ENFORCEMENT PROGRAM
ipledge2id.
111
l pli nce Check Form
FY 2014
Retailer: lAr r e ` ✓ Address:
City: OctL- L,
35 35 /44,,,--ti9v // ii,
State: Z 4 ZIP: S 7oI
RESULTS (check one):
I -I lo- ly
Date Checked: I/16/15
Time Checked: i 706
Clerk Information: „Male
First Name: }j L4r►,ar
(l Compliant
Non -Compliant
If Unable to Complete the Compliance Check (check one)
❑ Establishment has a VALID PERMIT but Does Not Sell Tobacco
- Permit Status Verified by City Clerk or County Auditor
❑ Establishment No Longer Holds a Valid Tobacco Permit
II Unable to Complete,
(Not Applicable)
❑ Female
Last Name: Sur-esk
Middle Initial:
Case #: a)/ - . Z0 (.
❑ Establishment is Out of Business
ED Establishment is designated as an "Unsatisfactory Condition"
- "Unsatisfactory Condition" verified by ABD Tobacco Investigator
- Officer Conducted a Walk -Through of the Premises
(Explanation Required in Comments Section Below)
® If none of the above reasons apply, write reason and explaination
on the back of the form—see page 4 for reason list.
I 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.)
OFFICER INFORMATION:
First Name: .e.-.�
Badge: C73
Middle Initial: Last Name: Copp
Department:
CONFIDENTIAL INFORMANT (CI):
CI Age: ,.16 ❑ 17 CI Gender: ❑ Male
ILgter-loo P13
❑ Female CI Number:
q
CI Ethnicity: `White ❑ Asian ❑ African American ❑ Native American
RESULTS OF ATTEMPTED PURCHASE:
Attempted Purchase Item:
(Last 4 digits of CI's ID)
❑ Hispanic ❑ Other
igarettes ❑ Smokeless Tobacco ❑ Other Tobacco Product
Age Requested? ❑ YES 7110
ID Requested? ❑ YES NO
Officer Signa
50
Amount Due
COMMENTS:
Page 10
0 24 HOUR 0 72 HOUR
EQUIPMENT WARNING IOWA UNIFORm
WA4000 POLICE DEPT.
•
PLAINTIFF:
0 State of Iowa
ri County of: _BLACKHAWK
0 City of: WATERLOO
In the Courthouse at 316 E. 5th Waterlos:LAA
vs.
NAME:
Defendant, Last
Address •• •
City StateZip
SS/DL# State-' Co. #
) •
DL Class DL End DL Rest.
DOB / / 13 Race Sex .=';'0:1 Ht. Wt. 3
The undersigned states that on or about / I • at' DAM _gPA
defendant did unlawfully: Mo. Day Yr.
Operate Motor Vehicle/Boat (describe)
CMV 0 Yes 0 No HazMat Plac. Req. °Yes 0 No US DOT#
Reg. # State Year
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
f_T-1 Scheduled Vio/Fine $ ,
0 Road Construction Zone
0 Non -Scheduled Violation
•
Surcharge 0 Court Appearance Required (805.10)
Reason:
Court Costs 0 P.I. 0 P.D. ($1000) Accident
El Fatal Accident
Total Fine/Costs
$ • 0 Civil Damage Assessment
No.:
et 9
7
DO
NOT
WRITE
IN
THIS
SPACE
Violation ,
Speed In Zone -Sec. # I•J‘z IA Code
DATA CODE zf Fed/Adm. Code
I swea@hatlieleregoing complaint is true and correct.
'
signature
Local Ord.
105
Subscribed and sworn to before me by- at
Waterloo Iowa this f°.•," I day of 20d 1::1
---;: ,:"NetarY/other
Court Date/Paid;_ff yoli--inst appear in e6Ortiorif you choose to appear to answer a
charge which'eloes not require an appearance, report to the above named courton:
/ .?
O'AM 0 PM
Mo. Day r.
NOTICE: Providing false information is a violation of Section 719.3 of the Code of
Iowa and is punishable as an aggravated misdemeanor.
My sk2nature below is not a plea of guilty, but acknowledges all of the following: Li
1. 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:
3. I hereby give my unsecured appearance bond in the amount of' dollars and enter my written
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
Defends
SURESH, KUMUR
nt:
Count 01 Charge
Charge: " 453A.2(1) -C
Offense
Date:
1)PS
Number:
Adjudication
e
01/16/2014
Adj.: NEGOTIATED/VOLU
N PLEA
Adj.Judg
Conn
Descripti 1ST OFFENSE - EMPLOYEE
on: PROVIDING TOBACCO TO MINOR
Arrest
Date:
Deseripti
on:
Adj.Da
Against Type:
1ST O1 I ENSE -
EMPLOYEE PROVIDING TOBACCO
TO MINOR
0/2014
Sentence
Charge: 4553A.2(1.) -C
Deseripii 1ST OFFENSE -
on:
EMPLOYEE PROVIDING TOBACCO
TO MINOR
Sentence
Date:
Appeal:
Facility
Type:
Restita ti
on:
01/30/2{14
Financials
Title: STATE vs. SURESH, KKU1UR HANS
Case: 01071 STA0109724 (BLACK HAWK)
Citation Number: 92407
Summary Orig PaidDue
COSTS 60.00 60.00 0.00
FINE 100.00 100.00 0.00
SURCHARGE 35.00 35.00 0.00
RESTITUTION 0.00 0.00 0.00
OAR 0.00 0.00 0.00
SUPPORT/ALIMONY
$195.00 $195.00 $0.00
N/A 0.00 N/A
BEFORE THE WATERLOO CITY COUNCIL
IN RE:
PRIME MART ORDER ACCEPTING
3535 MARIGOLD STREET ACKNOWLEDGMENT/SETTLEMENT
WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION
On this 3rd day of March, 2014, in lieu of a public hearing on the matter. the Waterloo
City Council approves the attached Acknowledgment/Settlement Agreement between the above -
captioned permittee and the City of Waterloo.
Therefore, the Waterloo City Council FINDS that the above -captioned permittee has
remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars
($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1),
pursuant to Iowa Code §453A.22(2)(a).
IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied.
ATTEST:
Suzy Sch -s, City Clerk
rnest G. Clark, Mayor