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HomeMy WebLinkAboutBroadway Liquor-3/4/2013BEFORE THE WATERLOO CITY COUNCIL IN RE: BROADWAY LIQUOR ORDER 821 BROADWAY STREET ASSESSING PENALTY WATERLOO, IOWA 50703 FIRST VIOLATION On this 4th day of March, 2013, 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 3, 2013, (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. ATTEST: Suzy Sch res, City Clerk rnest G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 CITY OF WATERLOO, Q 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 March 8, 2013 Broadway Liquor 821 Broadway Street Waterloo, Iowa 50703 Re: Civil Tobacco Penalty Dear Owner: OP't Enclosed is a copy of the Acknowledgement/Settlement Agreement for First HAROLD ,Violation concerning Broadway Liquor located in Waterloo, Iowa, along with the GETTY original Order Assessing Penalty -First Violation. Since payment was received Ward_3 after council meeting and prior to April 3, 2013, no permit suspension will be QUENTIN M. assessed against you. Thank you for your payment. This matter is now closed. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large Very truly yours, Sharae Akin Legal Assistant sda Enclosures C: Suzy Schares, City Clerk File 23, 2010 CITY WEBSITE: www.cityofwaterlooiowa.coni 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 GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY F WATERLOO, IOWA CITY ATTOPNEVI'S OFFICE 715 Mulberry St. • Waterloo, IA 60703 • (319) 291-4327 Fax (319) 29i-4571 JAMES E. WALSH, JR., City Atfartts^y • DAVID R. ZELLHOEF'htt, Assistant City Attorney March 8, 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: P\e!' Enclosed is a copy of the Acknowledgement/Settlement Agreement for a First Violation concerning Broadway Liquor at 821 Broadway, Waterloo, Iowa, along with a copy of the Order Assessing Penalty -First Violation. The check was received in the sum of $300.00 after this matter had gone in front of the City Council. The payment, however, was received prior to April 3, 2013, so no permit suspension shall be assessed. Any questions, please advise. Sincerely, Sharae D. Akin Legal Assistant sda Enclosures C: Suzy Schares, City Clerk File CITY WEBSITE: wwww.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer IN RE: BROADWAY LIQUOR I TIT;UL. 1 L1tV17L YV !1 1 J 11\LL 1 WATERLOO, IOWA 50703 ACKNOWLEDGMENT/ L)L 1 1 LLIV1LjV 1 J JJ' L'IV1U1V 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: 5/`/ 13 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 5300.00 check made payable to the City of Waterloo, should be returned to: David R. Zellhoefer, Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. BEFORE THE WATERLOO CITY COUNCIL IN Kt: BROADWAY LIQUOR ORDER 821 BROADWAY STREET ASSESSING PENALTY WATERLOO, IOWA 50703 FIRST VIOLATION On this 4th day of March, 2013, 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 3, 2013, (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. ATTEST: Suzy Sc r. ares, City Clerk v rnest G. Clark, Mayor PAY TO THE ORDER OF BROADWAY CORPORATION 521 BROADWAY ST WATERLOO, IA 60703 319-232-6452 DATE 2944 72.552/138 ca LC.il, cWx 10 LINCOLN SAVINGS BANK Waterloo, IA 50701 www.MyLSB.com 11.-_(),/f DOLLARS II°0029440 1:0739055271: LOFJ-00356230 Secuttly Bions "