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Home My WebLink AboutKwik Stop II-3/24/2014CITY OF WATERLOO Council Communication City Council Meeting: March 24, 2014 Prepared: March 18, 2014 Dept. Head Signature: James E. Walsh, Jr., City Attorney # of Attachments: SUBJECT: Submitted by: Kwik Stop II, 4335 Texas Street, Waterloo, Iowa 50702, Tobacco Violation, First/ $300.00 civil penalty 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 Assessing First Penalty giving permittee 30 days from March 24, 2014 to pay the civil penalty in the sum of $300.00. If the civil penalty is not paid to the City of Waterloo by April 23, 2014, the City may suspend their cigarette permit for 14 days in addition to the penalty due of $300.00. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOOS IOWA CFFY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 March 18, 2014 Mayor Buck Clark and City Council City Hall Waterloo, IA 50703 Re: Kwik Stop II, 4335 Texas Street, Waterloo, Iowa, 50702 Dear Mayor Clark and Council Members: I have not received a signed AcknowledgmentlSettlement Agreement regarding the violation of tobacco laws by the above -captioned permittee. I have, therefore, enclosed an Order Assessing Penalty for First Violation. 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. cerely, id R. Zellhoefer Assistant City Attorney DRZ:sda Enclosures: Order Assessing Penalty First Violation C: file CITY WEB S1'1'b: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY' OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street Waterloo, IA 50703 (319) 291-4327 Fax (319) 291-4286 February 25, 2014 Kwik Stop II 4335 Texas Street Waterloo, Iowa 50702 Re: Kwik Stop II, 4335 Texas Street, Waterloo, Iowa, 50702 The City of Waterloo has scheduled a hearing before the Waterloo City Council on the 24th day of March, 2014, at 5:30 p.m., at the Waterloo Center for the Arts, Law Court Theatre, 225 Commercial Street, Waterloo, Iowa, 50701. 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. Sincerel . avid R. Zellhoefer Assistant City Attorney DRZ:sda Enclosures: Hearing Complaint, Acknowledgment/Settlement Agreement C: City CI etry WEBSITE: www.cityofwaterlooiowa.com filo WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer IN RE: KWIK STOP II 4335 TEXAS STREET WATERLOO, IOWA 50702 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 Kwik Stop II. David .'!Zellhoefei Assistant City Attorney ipledge2id. Retailer: City: TOBACCO ENFORCEMENT PROGRAM 111L. Comp rice Cneck Fora /<ik 510 Wckl. e,(?, FY 2014 Address: 1/(335 c State: ZIP: 30 70 RESULTS (check one): // Date Checked: / (2 - 1 1 Time Checked: 1(9 Clerk Information: ❑ Male ❑ Compliant If Unable to Complete the Compliance Check (check one) ❑ Establishment has a VALID PERMIT but Does Not Sell Tobacco Non -Compliant - Permit Status.Verified by City Clerk or County Auditor O Establishment No Longer Holdsa Valid Tobacco Permit ❑ Establishment is Out of Business Establishment.isdesignated as an "Unsatisfactory Condition" • - "Unsatisfactory Condition" verified. by ABD Tobacco Investigator - Officer Conducted a Walk -Through of the Premies: (Explanation Required in Comments Section Below) If none of the -above reasons apply; write reasbri'end expla'ination 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) Unable.to;Complete (Not Applicable) .., Female First Name: L�v��k� Middle Initial: Last Name: Case #: \AIN r51 OFFICER INFORMATION: First Name: Badge: Middle Initial: Last Name: 01( 1'( Department: �) +c-jJ 6 Pie CONFIDENTIAL INFORMANT (CI): CI Age: 16 ❑ 17 CI Gender: � Male ❑ Female CI Number: CI Ethnicity: (Last 4 digits of Cl's ID) hite ❑ Asian ❑ African American ❑ Native American 0 Hispanic ❑ Other RESULTS OF ATTEMPTED PURCHASE: Attempted Purchase Item: Cigarettes Age Requested? ❑ YES X610 ID Requested? ❑YESNO $50 0 Smokeless Tobacco 0 Other Tobacco Product Officer Sf gnature Amount Due COMMENTS: Page 10 Rev. 06/2006 IOWA INCIDENT REPORT WATERLOO POLICE DEPARTMENT 715 MULBERRY ST (319) 291-4340 S U M M A R Y 0 F F E N S E 001 County BLACK HAWK - 07 Report Type 0 - INITIAL INCIDENT Case Number W14-005196 Date of Report 1/16/2014 Status 03 - CLEARED BY ARREST Day of week Incident Occurred 5 -THURSDAY Dispatched Location 4335 TEXAS ST. Dispatched Time 16:45 Hrs. Arrival Time 16:45 Is Incident Date / Time Known? YES Incident Date or Lower Date Range 01/16/2014 Upper Date Range Hrs. Inciden Time or Lower Time Range 16:45 Hrs In Service Time 16:45 Hrs Upper Time Range Hrs. Incident Reported byVictim? NO Reporting Victim's Sequence No. _`v .. Name - Last OLIVER First JAMES Middle Suffix Business Name (if Incident was Reported by a Business) WATERLOO POLICE DEPARTMENT Address 715 MULBERRY ST City WATERLOO State IA Zip Code 50703 Home/Cell Phone Work Phone Seq. No. 001 Code Section 453A.2(1) Charges/Offense SALE OF TOBACCO TO A MINOR UCR Offense Code ALL OTHER OFFENSES - 90Z Attempted/Completed C -COMPLETED Type of Criminal Activity (up to 3) - Type of Weapon/Force Involved (up to 3) Gang Information (up to 2) Method of Entry Point of Entry No. of Premises Entered Offender Suspected of Using Location Type 07 - CONVENIENCE STORE X Coordinate 00557023 Y Coordinate 04700352 Literal Description 4335 CEDAR TER DR 0 F F E N D E R 001 Type of Offender 01 - OFFENDER Sequence No. 01 Name - Last CRANE First CHRISTINE Middle RENEE Suffix Alias(es) Address 1134 GRANT ST. DOB Known? YES Offender Sobriety 1 - HAD NOT BEEN DRINKING City WATERLOO State IA Zip Code 50702 Home/Cell Phone DOB 07/08/1984 Age or Lower Age Range 29 Upper Age Range SSN Driver's License - Number 797ZZ0535 State IA Gender F Height 5' 05" Weight Eye Color Hair Color Resident Status R - RESIDENT Skin Tone LIGHT - LGT Scars/Marks/Tattoos Race 3 - CAUCASIAN Ethnicity N - NOT OF HISPANIC ORIGIN Was offender present when officer arrived? YES Type of Injury N -NONE Hospital Taken to Transported By EMPLOYMENT OR SCHOOL INFO Employer or School KWIK STOP II Address 4335 TEXAS ST. Occupation Hours of Employment City WATERLOO State IA Zip Code 50702 Wo k Phone (319) 296-2226 ARREST INFO Offender Arrested? YES Arrestee Seq. No 001 Type of Arrest S - SUMMONED/CITED Arrest Date 01/16/2014 Arrest lime 16:45 Hrs. Miranda By Miranda Date Miranda Time Hrs. Arrestee Condition O - OTHER Arrestee Armed With (up to 2) Place of Birth Additional Incidents Cleared Parent/Guard. Contacted? Address JUVENILE INFO Name - Last First Middle Suffix Home/Cell Phone City State Zip Code Work Phone Juvenile Arrestee Disposition Printed By: WATERLOO POLICE DEPARTMENT 1 of 3 Case # W14-005196 v C T M 001 S - SOCIETY/PUBLIC 1 Business/Organization/Municipality Name Address City State Zip Code Home/Cell Phone Alias(es) Victim Sobriety DOB Known? DOB Age or Lower Age Range Upper Age Range SSN Resident Status Drivers License - Number State Gender Height Weight Eye Color Hair Color Skin Tone Race Ethnicity Scars/Marks/Tattoos Type of Injury Hospital Taken To Transported By EMPLOYMENT OR SCHOOL INFO Employer or School Address Occupation 'City Hours of Employment State Zip Code Work Phone VICTIM CONNECTED TO UCR OFFENSE CODES UCR Offense Code 1 UCR Offense Code 2 UCR Offense Code 3 UCR Offense Code 4 ADDITIONAL OFFENSE CIRCUMSTANCE INFO Aggravated Assault/Homicide Circumstances (up to 2) Additional Justifiable Homicide Circumstances VICTIM'S RELATIONSHIP TO OFFENDERS First Offender Seq. No. 001 Victim's Relationship to First Offender RU - RELATIONSHIP UNKNOWN Second Offender Seq. No. Victim's Relationship to Second Offender Third Offender Seq. No. Victim's Relationship to Third Offender Fourth Offender Seq. No. Victim's Relationship to Fourth Offender SPECIAL CIRCUMSTANCES Not Applicable fl Bias Crime El Domestic Abuse ❑ LEOKA BIAS CRIME Bias Motivation Target Code Bias Group Affiliations DOMESTIC ABUSE Children Present? Seq. No. of Domestic Abuse Offender Does the victim have a current No Contact Order? DYES El NO Was the Abused Persons Rights given? YES El NO Has the subject been charged with domestic abuse assault on the victim or others in the past? p YES 1=1 NO Does the Victim request a No Contact Order? Domestic Abuse Referrals (up to 6) El YES fl NO LEOKA Officer Killed Type of Assignment Body Armor Call Type NARRATIVE On Thursday 01-16-14 officers of the Waterloo Police Department conducted tobacco compliance checks in the City of Waterloo. Officers used an underage decoy to conduct compliance checks. The decoy was instructed to enter the businesses and attempt to purchase tobacco products. The decoy was told to use his Iowa ID if asked by an employee for identification. The decoy was give a twenty -dollar bill and told only to use that money when attempting to purchase tobacco. The decoy was told that if an employee asked his age, he was to give his true age. A copy of the decoys ID and the twenty -dollar bill was made prior to compliance checks. The decoy was taken to the Kwik Stop II at 4335 Texas Street. I walked in the business behind the decoy. I watched as the decoy approached the counter and attempted to purchase a pack of Marlboro cigarettes from the offender. The offender made no attempt to ID the decoy. The offender placed a pack of Marlboro cigarettes on the counter and told the decoy the price of $6.22. The decoy gave the offender the twenty -dollar bill and completed the sale. The decoy left the change and cigarettes on the counter as he exited the business. I made contact with the offender and identified myself as a Waterloo Police Officer. The offender was issued a citation in lieu of arrest. I gave the offender the change back and recovered the twenty -dollar bill. The cigarettes were seized and later tagged at 715 Mulberry St. for evidence. This case can be considered closed. Printed By: WATERLOO POLICE DEPARTMENT 2 of 3 Case # W14-005196 0 F F C E R Reporting Officer OLIVER JAMES Badge Numbe 03632 Video Taken? Evidence Seized? Photos Taken? Supervisor FANGMAN, GREG Badge Numbe F3617 Incident Assigned To Cleared Exceptionally Notifications Investigators D Date Cleared Exceptionally Identification Unit El Officer Case Investigative Photos Printed By: WATERLOO POLICE DEPARTMENT 3 of 3 Case # W14-005196 Defends CRANE, CHRISTINE RENEE nt: Count 01 Charge Charge: 453A.2(1) -C Offense 01/16/2014 Date: DPS Number: Adjudication Descriptio 1ST OFFENSE - EMPLOYEE PROVIDING n: TOBACCO TO MINOR Arrest Date;• Against Type: Descriptio 1ST OFFENSE - Charge: 453A.2(1) -C n: EMPLOYEE PROVIDING TOBACCO TO MINOR Adj.: T GUILTYTBY CO Adj.Date: 02/13/2014 Adj.Judge TICKUP, Comments Sentence Charge: 453A.2(1) -C Sentence 02/13/2014 Sentence: FINE Date: Descriptio 1ST OFFENSE - EMPLOYEE PROVIDING TOBACCO TO n` MINOR Appeal: SenJudge TICKUP, Facility Type: Restitutio Lic.Revok Attorney: Drug: Extradition: DDS: Batterer: BEFORE THE WATERLOO CITY COUNCIL IN RE: KWIK STOP II ORDER 4335 TEXAS STREET ASSESSING PENALTY WATERLOO, IOWA 50702 FIRST VIOLATION On this 24th 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 be remitted by the above -captioned permittee, to the City of Waterloo, check made payable to City of Waterloo, on or before April 23, 2014 (30 days from the date of this Order). This sanction will count as a First Violation of Iowa 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 AI I EST: Suzy Sc : res, City Clerk