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Home My WebLink AboutHy-Vee Wine & Spirits-2/25/2013BEFORE THE WATERLOO CITY COUNCIL IN RE: HY-VEE WINE & SPIRITS ORDER ACCEPTING 2126 KIMBALL ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50702 AGREEMENT—FIRST VIOLATION On this/ I 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 ($300.00). Be advised that this sanction will count as a First Violation of Waterloo Code §5 -2A - 2C, pursuant to Waterloo Code §5-2A-2F(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. ATTEST: --Suzy Schres, City Clerk rnest G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, CITY IterromslE i'S OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney • DAVID R ZELLHOEH R, Assistant City Attorney March 6, 2013 Ms. Connie Larson Attorney General's Office Hoover State Office Building, 2nd Floor Des Moines, IA 50319 Re: Civil Tobacco Penalties Dear Ms. Larson: Enclosed is a. copy of the Acknowledgement/Settlement Agreement fora First Violation concerning Hy -Vee Wine & Spirits #1, in Waterloo, Iowa, along with a copy of the Order Accepting the Acknowledgement/Settlement Agreement dated February 25, 2012. Very truly yours, Sharae Akin Legal Assistant sda Enclosu�s C: Suzy Schares, City Clerk File CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! n„ u{uni vy�¢+aniW niyiraiu,�ae`u•a iw..:.., u„v+v�..� Mayor BUCK CLARK COUNCIL MEMBERS CITN OF WATERLOO IOWA C$TV ATTOP IEV'E OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4671 JAMES E. WALSH, JR., City Attorney • DAVID R ZELLHOEFEK, Assistant City Attorney March 6, 2013 Mr. Mic Jurgens Assistant General Counsel Hy -Vee, Inc. DAVID 5820 Westown Parkway JONES Ward 1 West Des Moines, Iowa 50266 CAROLYN Re: Civil Tobacco Penalty COLE Ward 2 Dear Sir: HAROLD GEM Enclosed is a copy of the Acknowledgement/Settlement Agreement for First Ward.3 Violation concerning Hy -Vee Wine & Spirits #1 located in Waterloo, Iowa, QUENTIN M. along with the original Order Accepting the Acknowledgement/Settlement HART Agreement. dated February 25, 2013. Thank you for your payment. This matter Ward 4 is now closed. RON WELPER Very truly yours, Ward 5 BOB GREENWOOD At -Large Sharae Akin Legal Assistant STEVE SCHMITT At -Large sda Enclosures C: Suzy Schares, City Clerk File CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportune y/Afftmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward.3 QUEM IN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large C J T WAIT E LE CZ m 1 C2 WA 11366101 CITY ATTORNEY'S OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney • DAVID R ZELLHOEFER, Assistant City Attorney February 20, 2013 Mayor Ernest G. Clark and City Council City Hall Waterloo, IA 50703 Re: Hy -Vee Wine & Spirits, 2126 Kimball, Waterloo, Iowa, 50702 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, Da'' •' ellhoefer Assistant City Attorney DRZ:sda Enclosures: Signed Acknowledgment/Settlement Agreement and Order C: Police Chief file CITY WEBSITE: www.cityofwaterloolowa.com WE'RE WOKING FOR YOU! An Equal oppottunIty/Atfrm bve Action Employer IN RE: HY-VEE WINE & SPIRITS 2126 KIMBALL WATERLOO, IOWA, 50702 A('KNf\777 ETIf:1\4 J'JT/ SETTLEMENT AGREEMENT 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 Waterloo Code §5 -2A -2C pursuant to Waterloo Code §5 -2A -2F. I (we) have enclosed a. check for the amount of S300.00 made payable to the City of Waterloo to settle the above -referenced complaint. -Hy-Vee, Inc. d/b/a Hy -Vee Wine & Spirits, Waterlo., I Stephe Meyer, EAcutive Vice President 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. Date: IT E� ra ENOLODEE OWNED A Helpful Smile In Every Aisle February 12, 2013 David R. Zellhoefer, Esq. Assistant City Attorney 715 Mulberry Street Waterloo, IA 50703 Re: Sale of Tobacco to Minor Hy -Vee Wine & Spirits #1 Waterloo, Iowa Dear Mr. Zellhoefer: Enclosed herewith please find duly executed Acknowledgment/Settlement Agreement for the first violation above -referenced together with check payable to the City of Waterloo in the amount of $300.00 representing payment in full of the civil penalty imposed. Please .acknowledge receipt of this letter and satisfaction of the penalty. Thank you. MJ:jlj Enclosures Very truly yours, HY-VEE, INC. Mic Jurgens Assistant General Counsel Hy -Vee, Inc. Making lives easier, healthier, happier. 5820 Westown Parkway, West Des Moines, Iowa 50266 Phone: (515) 267-2800 Hy—Vee, Inc. 5820 Westown Parkway rya West Des Moines, IA 50266 (515) 267-2800 PAY Three Hundred and NO/100 Dollars TO THE ORDER OF: O CTY CLERKS OER SOFFIE 715 MULBERRY STREET WATERLOO, IA 50703 VENDOR NUMBER: 012714-00 PAYABLE TYPE: EXPENSE CHECK DATE: • 0212/13 VOID 90 DAYS AFTER ISSUE DATE 01365 L 5 211' I:04 L 20 38 24i: 960009966 211' CHECK NUMBER 1365152 Wells Fargo Bank, N.A. 115 Hospital Drive Van Wert, OH 158Y1 56-382/112 $*********300.00 TREASURER BEFORE THE WATERLOO CITY COUNCIL TN RP: HY-VEE WINE & SPIRITS ORDER ACCEPTING 2126 KIMBALL ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50702 AGREEMENT—FIRST VIOLATION On this -✓ i4da of fif400jr2013 in lieu of a on the y publichearing matter, the Waterloo City Council approves the ached 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 Waterloo Code §5 -2A - 2C, pursuant to Waterloo Code §5-2A-2F(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. ATTEST: Suzy Scha e , ' ity Clerk rnest G. Clark, Mayor MARIA ARMSTRONG From: SHARAE AKIN Sent: Wednesday, February 20, 2013 10:16 AM To: MARIA ARMSTRONG Subject: RE: 2/18/2013 Agendas & Council Communications Sorry Maria...I only have 2 checks, Hy -Vee Wine & Spirits #1 on Kimball and Liquor & Tobacco Outlet on University Avenue. From: MARIA ARMSTRONG Sent: Wednesday, February 13, 2013 4:55 PM To: ARIC SCHROEDER; CAROL FAILOR; CHRIS WESTERN; COUNCIL MEMBERS; Dave Mohlis; DEPT. HEADS; DEPT. SECRETARIES AND BOOKKEEPERS; KENT SHANKLE; MAYOR CLARK; PAT TRELOAR; RON WELPER; Tim Jamison; Tim Jamison Subject: 2/18/2013 Agendas & Council Communications Please look over all items for your department and let Suzy know of any changes that need to be made. This is for informational purposes only. Agendas will be given at the meeting. Thank you, Maria Armstrong City of Waterloo -City Clerk & Finance Department 715 Mulberry Street Waterloo, Iowa 50703 W: 319-291-4323 F: 319-291-4571 E: maria. armstrong(awaterloo-ia.orq 1