HomeMy WebLinkAboutMetro Mart #4-3/17/2014CITY OF WATERLOO
Council Communication
City Council Meeting: March 17, 2014
Prepared: March 6, 2014
Dept. Head Signature: James E. Walsh, Jr., City Attorney
# of Attachments:
SUBJECT: Metro Mart #4, 2332 Falls Avenue, 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. Metro Mart #4 is requesting the use of
their Affirmative Defense which can be used once every 4 years. A copy of the
Acknowledgment/Settlement Agreement is attached with a copy of the employee's Iowa Pledge
Retailer Training Program Certificate of Completion. No civil penalty will be requested. The City
is requesting the approval of an Order accepting the Acknowledgment/Settlement Agreement and
one time use of Affirmative Defense with no civil penalty.
Expenditure Required: None
Source of Funds
Policy Issue
Alternative
Background Information:
BEFORE THE WATERLOO CITY COUNCIL
IN RE:
METRO MART 4 ORDER ACCEPTING
2332 FALLS AVENUE ACKNOWLEDGMENT/SETTLEMENT
WATERLOO, IOWA 50701 AGREEMENT—AFFIRMATIVE
DEFENSE
On this 17th day of March, 2014, in lieu of a public hearing on the matter, the Waterloo
City Council approves the attached Acknowledgment/Settlement Agreement -Affirmative
Defense -First Violation between the above -captioned permittee and the City of Waterloo.
Therefore, the Waterloo City Council FINDS that the above -captioned permittee has
remitted a copy of employee's certificate of completion of training with the Alcoholic Beverages
Division program to the City of Waterloo. Said affirmative defense is hereby accepted. No civil
penalty will be sanctioned against permittee.
IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied.
Ernest G. Clark, Mayor
ATTEST:
Carol Nemmers, Deputy City Clerk