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Home My WebLink AboutLiquor & Tobacco Outlet-2/25/2013Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 7 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 CITYF WATERWATERWO IOWA CITY AlehTTOFINEY"B OFFICE 715 Mulberry St. • Waterloo, IA 60703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney • DAVID R ZELLHOEFER, Assistant City Attorney March 6, 2013 OP%i' Ms. Connie Larson Attorney General's Office Hoover State Office Building, 2nd Floor Des Moines, IA 50319 Re: Civil Tobacco Penalties Dear Ms. Larson: Enclosed is a copy of the Acknowledgement/Settlement Agreement for a First Violation concerning Liquor & Tobacco Outlet, 2844 University Avenue, in Waterloo, Iowa, along with a copy of the Order Accepting the Acknowledgement/Settlement Agreement dated February 25, 2012. Very truly yours, Sharae Akin Legal Assistant sda Enclosu res C: 'Suzy Schares, City Clerk File 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 0E1 TY Ward.3 QUEN11N M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF ,, IOWA CITY ATTO IN9IEY'E OFFIIGE 715 Mulberry St. • Waterloo, IA b0703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Atiarnsy o DAVID R ZELLHOEFER, Assistani City Attorney March 6, 2013 Liquor & Tobacco Outlet 2844 University Avenue Waterloo, Iowa 50701 Re: Civil Tobacco Penalty To Whom It May Concern: Enclosed is a copy of the Acknowledgement/Settlement Agreement for First Violation concerning Liquor & Tobacco Outlet, 2844 University Avenue in Waterloo, Iowa, along with the original Order Accepting the Acknowledgement/Settlement Agreement dated February 25, 2013. Thank you for your payment. This matter is now closed. Very truly yours, Sharae Akin Legal Assistant sda Enclosures C: Suzy Schares, City Clerk File 23, 2010 CITY WEBSITE: www.cityofvvaterlooiowa.com WE'RE WORKING FOR YOU! n., cati«i niwav T...aa.fBfRrwroMi m /d*4inn Fmnttwpr Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETI'Y Ward.3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD M -Large STEVE SCHMITT At -Large t Y OF WATERLOO, , I .'„ CITY 414TTOIRINEYPIE OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney • DAVID R. ZBLL%IOEFER, Assistant City Attorney February 20, 2013 Mayor Ernest G. Clark and City Council City Hall Waterloo, IA 50703 Re: Liquor & Tobacco Outlet, 2844 University Ave., 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. Sincerely, David R. Zellhoefer Assistant City Attorney DRZ:lc Enclosures: Signed Acknowledgment/Settlement Agreement and Order C: Police Chief file CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer IN RE: LIQUOR & TOBACCO OUTLET 2644 UN1VEKS11 Y AVENUE WATERLOO, IOWA, 50701 A ('KN(IWT Pnr-NfF1\TT/ SE 11 LEMEN 1 AUtthEiV1EN 1 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: 0.2. -- /4' — /3 /I8.DyLcNo�f/�h'Ry. NOTE: This must be signed by an individual cigarette peiinittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign this ACIKNOWTLEDGINIENT/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. CHOUDHRY CORP. 2844 UNIVERSITY AVE. WATERLOO, IA 50701 PAY TO THE C ORDER OF /Aree DATE 2--/ --t3 1282 72-123-739 1 $3 o(' rActrV cse 6X/ 6: t MidWestOn Bank. wvru,midweelone.00m FOR 11'00 L 28 20 1:0 ? 3q0 L 2 3 31: ? LO 2813 20 DOLLAIi:: _—.. "_^_ ^'Tmn'.z..r�accc._ m �-ma: ^_=�1 ti �ttx�. Lime .,+..-.^ . Mt, :,Mt, • •m=:+5. +.ter • BEFORE THE WATERLOO CITY COUNCIL IN RE: LIQUOR & TOBACCO OUTLET ORDER ACCEPTING 2844 UNIVERSITY AVENUE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT FIRST VIOLATION On this_ day of , 2013, 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. ErlTest G. Clark, Mayor ATTEST: BEFORE THE WATERLOO CITY COUNCIL IN RE: LIQUOR & TOBACCO OUTLET 2844 UNIVERSITY AVENUE WATERLOO, IOWA 50701 On this % qday of - ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT—FIRST VIOLATION , 2013, 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. Ernest G. Clark, Mayor ATTEST: