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HomeMy WebLinkAboutNew Star Mart #3-6/9/2014CITY OF WATERLOO Council Communication City Council Meeting: June 9, 2014, 2014 Prepared: June 2, 2014 Dept. Head Signature: James E. Walsh, Jr., City Attorney # of Attachments: SUBJECT: New Star Mart, 1459 Ansborough Avenue, Waterloo, Iowa 50701, Tobacco Violation, Second, $1,500.00 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 $1,500.00 for a second violation. The City is requesting the approval of an Order accepting the Acknowledgment/Settlement Agreement and check for $1,500.00 Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: BEFORE THE WATERLOO CITY COUNCIL IN RE: New Star Mart #3 ORDER ACCEPTING 1459 Ansborough Avenue ACKNOWLEDGMENT/SETTLEMENT Waterloo, Iowa 50701 AGREEMENT—SECOND VIOLATION On this 9th day of June, 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. Pursuant to the Agreement, IT IS THEREFORE ORDERED that: a civil penalty in the amount of One Thousand Five Hundred Dollars ($1,500.00) be assessed against the above -captioned permittee to be paid within thirty (30) days of the date of this Order. If permittee does not pay the civil penalty within thirty (30) days, then a thirty (30) day cigarette permit suspension be executed against the above - captioned permittee effective the 31st day after the date of this Order. This sanction will count as a Second Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(b). ATTEST: aiti, Mayor Ernest G. Clark Carol Nemmes, Deputy City Clerk