Loading...
HomeMy WebLinkAboutNew Star #3-3/11/2013Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETIY Ward3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large ITN UF WATERLOO, IOWA c, TY ATTO FEW S OFF CE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, )R., City Attornry DAVID R. ZELLHOI FE.R, Assistant City Attorney March 20, 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 for a First Violation -concerning New Star #3, 1459 Ansborough Avenue, Waterloo, Iowa, along with a copy of the Order Accepting the Acknowledgement/Settlement Agreement dated March 11, 2013. Very truly yours, Sharae Akin Legal Assistant sda Enclosures C: Suzy Schares, City Clerk File CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal //Than We Awn tmpioyel 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 C rretr F W LDD 9 IOWA. 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 20, 2013 New Star #3 1459 Ansborough Avenue Waterloo, Iowa 50701 Re: Civil Tobacco Penalty Dear Owner: Enclosed is a copy of the Acknowledgement/Settlement Agreement for First Violation concerning New Star #3 located in Waterloo, Iowa, along with the original Order Accepting the Acknowledgement/Settlement Agreement dated March 11, 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.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunttyr/ATTrtttatve AcDon tmpioyer IN RE: NEW STAR #3 ACKNOWLEDGMENT/ 1459 ANSBOROUGH AVENUE SETTLEMENT AGREEMENT WATERLOO, IOWA, 50701 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_ N e/V.J 5k -PAX. \ r5 / ee_k. Jet Date: 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. GOLDEN ROSE, LLC 1459 ANSBOROUGH AVENUE WATERLOO, IA 50701 DATE 3 /41(3 1768 72-552/739 10 PAY I `" tD L�7(�T'CAD- OR $ THE DER OF � p r \ C _. U41 C ` \V'ocS OvvviL ,M, P:= DOLLARS FOR LINCOLN SAVINGS BANK Waterloo, IA 50701 www.MyLSB.com �vr P001768" ':07 3 90 5 5 2 7i: L0000 4 L08710 BEFORE THE WATERLOO CITY COUNCIL IN RE: NEW STAR #3 ORDER ACCEPTING 1459 ANSBOROUGH AVENUE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION On this 11+1 I - day of ,/ll,,k)', 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 AT I'EST: Suzy Schar, s, City Clerk IN RE: NEW STAR #3 1459 ANSBOROUGH AVENUE WATERLOO, IOWA, 50701 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 29, 2013, 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 New Star #3. r David : •- - • lhoeTer Assis • ity Attorney Charges, Dispositions, Sentences T-it1e: STATE vs. NORRIS, EEIZAB� 67 ALINE C.acp. 011171 STAM1943R5 CRT ACK TTAWKI Citation Number: 93603 Defenda NORRIS, ELIZABETH JEANNE nt: Count 01 Charge Charge: 453A.2(1) -C Descripti 1ST OFFENSE - EMPLOYEE on: PROVIDING TOBACCO TO MINOR Offense Arrest 01/29/2013 Date: Date: DPS Number: Adjudication e: Charge: 453A.2(1) -C Against Type: S Descripti 1T OFFENSE - EMPLOYEE PROVIDING TOBACCO on: TO MINOR GUILTY Adj.Date Adj.: NEGOTIATED/VOLU02/05/2013 N PLEA Adj.Judg NEWCOMB, DAWN Commen ts: Sentence Charge: 453A.2(1) -C Descripti 1ST OFFENSE - EMPLOYEE PROVIDING TOBACCO on: TO MINOR Sentence 02/05/2013 Sentence FINE Date: Appeal: Facility Type: Restituti on: N Sen.Judg NEWCOMB, DAWN e: Attorney N Drug: N Extradition: N Lic.Revo N DDS: N Batterer: ked: Fine Amount: Commen t: 100 Duration Register CN=John Q Public,O=JUDICIAL Certain details of case data are only shown to subscribers. You may logon at this time if you are a subscriber, or you may be become a subscriber by registering at this time. There is a $25.00 per month subscription fee. For exclusive use by the Iowa Courts © State of Iowa, All Rights Reserved . ,-toUR 072 HOUR 'OFFICZETS COPY MU. 1PlvIENT WARNING • IOWA 'UNIFORM CIT.A..TIDN.AhlD COMPLAINT WA—`4_O0 POLICE DEPT. si PLAINITFF:• . flCounty of: _....i/LACKLIAin--_ No.: 07 93603 11 0 City of: - WATER . • a.• •_,. tate of Iowa . Th rhe. Crrurthousc at 316 F. 5th. Waterloo. IA. . , 1 ys, •- : . .... , I NAME: \ ,11.) t .•,- . .(„./-, •• /4,11 l-17 Defendant, T.., . • First Middle Address • r 77 r,..-- tel . I - i ....,...t?...: . . City t,_. 1.....z.e ,.,t i'.....e.; Strata -1i Zip !:ft,;.- ,7f:/•?.:-.; . ./ ssiDii#2:4 i ..e?'; -'7(:•:L_.____._-.------. If. ._ State.Co # `:.'7. • .1 DL Class DL End -------____DL Reet. DOB/. 1,___,_—__L— .Racel.-4.—. - Sex P: lit. 5 Z-- Wt./4/ c" • I The undersi' gned states that on,or about ) •-• /A 4 / i,;... at 1 T7 . / Z... defendant did unlawfnlly: Mo, • Day Yr. Operate Motor Vehicle/Boat (describe} 1 CMV 0Yes 0 No Hazlviat Plan. Req. . OYes 0 No US DOT# • .- ' - :, • Year • • R:eg. # State Upon a public highway at 9 g-,; ?... - fq, ••••-, Located in -the county and state aforesaid and did then mad there commit the following offense: ..,..--frefraffic 0 Navigation 0 Snowmobile/ATV / ...eerScheduled Vio/Fine $ Cj4:1 DO NOT WRITE IN THIS SPACE „ C.. Surcharge $ •• Court Costs $ be; */ , c"....-7,;„•••• Total Fine/Costs iof- e - • 4 0 Fish -Game 0 Parks 0 Road Construction Zone 0 Non -Scheduled Violation 0 Court Appearance Required (805.10) Reason: P.I. P.A. ($1000)Accident ED Fatal Accident o Civil Damage Assessment Vlation Speed In --_. Zone -Sec # 2:!(•!...;..; DATA CODE ' Fed/Adm. Code Ipearthat the foregoing complaint is true and 4, ,..,/ te.:4-9. tit ,................„......------ _,,, ," sive= ,. Subscribed and sworn t& before me by '. Waterlo9 t . , Iowa. this ,.,,,,,c '..day'of vr.,4i - 13. -.,. ;./ Notary/Other44.4-:t\ ..",, ;' 1..::::-,_ - : • • i Cotirt1Date/Pait'h If you must appear in court or if you -o106 taltill5eci ie.,. iittive,r;-.a7 clre which es.not rerpfire an•appearancb rt to theaiihyp nant,etT'skiiht .-- 4 ::1 at .6 PM Mo. Day Yr. NCYflCE: Providing false information is. a violation of Section 7193 of the Code of I Iowa and is punishable as an aggravated misdemeanor. My signature below is not a plea of guilty, but acknowledges all of the following:. I. I hereby swear and affirm that the information provided by me on this citation is true under of providing false information. 2. i 'promise to appear in said court at said time and place, orl will comply with..the provision on the top of the reverse side of the citation. • The following applies to simple misdemeanors only: a12-- 3. I hereby give my unsecured appearance bond in the amount o - dollars and eater my written appearance. I agree that if I fail to appear in person of by counsel to defend against the offense charged in this citation, the court is authorized to enter a conviction and render judgment against me for the amount of my appearance bond in satisfaction of the penalty and surcharge plus court costs. Signature of Defendant Re* ori2006 IOWA INCIDENT REPORT WATERLOO POLICE DEPARTMENT 715 MULBERRY ST (319) 291-4340 Case Number WI3-009432 Date of Report 1/29/2013 Status 03 - CLEARED BY ARREST S County BLACK HAWK - 07 Report Type 0 - INITIAL INCIDENT Day of week Incident Occurred 3 -TUESDAY U Dispatched Location 14a`J APIJOLIKUULvil AVt M M A R Y 0 F F E N S E 001 0 F F E N D E R 001 Dispatched Time !Arrival Time 1/:12 Hrs. I 11:1[ Hrs. In Service Time 1 /:S0 Hrs. Is Incident Date / Time Known? YES Incident Date or Lower Date Range 01/29/2013 Upper Date Range Incident Time or Lower Time Range 17:12 Hrs. Upper Time Range Hrs. INCIDENT REPORTED BY Incident Reported byVictim? NO Reporting Victim's Sequence No. Name - Last FANGMAN First GREG Middle Suffix Business Name (d 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 (319) 291-4943 Seq. No. 001 Code Section 453A2(1) Charges/Offense TOBACCO SALES TO MINORS UCR Offense Code ALL OTHER OFFENSES - 90Z Attempted/Completed C - COMPLETED Type of Criminal Activity (up to 3) E - EXPLOITING CHILDREN Type of Weapon/Force Involved (up to 3) Gang Information (up to 2) Method of Entry N - NO FORCE Point of Entry FRONT DOOR No. of Premises Entered 1 Offender Suspected of Using Location Type 07 - CONVENIENCE STORE X Coordinate 00551201 Y Coordinate 04704719 Literal Description ANSBOROUGH AVE Type of Offender Sequence No. Name - Last First Middle Suffix 01 - OFFENDER 01 NORRIS ELIZABETH Alias(es) Offender Sobriety 1 - HAD NOT BEEN DRINKING Address City State Zip Code Home/Cell Phone 1754 EASTON AVE WATERLOO IA 50702 DOB Known? DOB Age or Lower Age Range Upper Age Range SSN Resident Status YES 07/06/1994 18 481-23-2521 R - RESIDENT Driver's License - Number State Gender Height Weight Eye Color Hair Color IA F 5' 02" 145 LBS BROWN - BRO Skin Tone Race Ethnicity DARK BROWN - DBR 3 - CAUCASIAN N - NOT OF HISPANIC ORIGIN Scars/Marks/Tattoos Was offender present when officer arrived? YES Type of Injury Hospital Taken to Transported By EMPLOYMENT OR SCHOOL INFO Employer or School NEW STAR #3 Occupation CLERK Hours of Employment 2ND SHIFT Address 1459 ANSBOROUGH AVE City WATERLOO State IA Zip Code 50701 Work Phone ARREST INFO Offender Arrested? YES Arrestee Seq. No 001 Type of Arrest S - SUMMONED/CITED Arrest Date 01/29/2013 Arrest Time 17:12 Hrs. Miranda By Miranda Date Miranda Time Hrs. Arrestee Condition S -SOBER Arrestee Armed With (up to 2) Place of Birth Additional Incidents Cleared JUVENILE INFO Parent/Guard. Contacted? Name - Last First Middle Suffix Address City State Zip Code Home/Cell Phone Work Phone Juvenile Arrestee Disposition Printed By: WATERLOO POLICE DEPARTMENT 1 of 3 Case # W13-009432 Type of Victim S - SOCIETY/PUBLIC Sequence No. Business/Organization/Municipality Name Home/Cell Phone DOB Known? DOB Alias(es) Name - Last Address Age or Lower Age Range Driver's License - Number (State Gender Height First City Uppe Age Range Weight Eye Color SSN Middle Hair Color State Victim Sobriety Suffix Zip Code Resident Status 001 Skin Tone Race Ethnicity Scars/Marks/Tattoos Type of Injury Hospital Taken To Transported By EMPLOYMENT OR SCHOOL INFO Employer or School Occupation Hours of Employment Address City 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 Assautt/Homidde Circumstances (up to 2) Additional Justifiable Homicide Circumstances VICTIM'S RELATIONSHIP TO OFFENDER(S) First Offender Seq. No. Victim's Relationship to First Offender 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 Bias Crime Domestic Abuse LEOKA El 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 ONO Has the subject been charged with domestic abuse assault on the victim or others in the past? DYES NO Was the Abused Persons Rights given? El YES ❑ NO Does the Victim request a No Contact Order? 0 YES ❑ NO Domestic Abuse Referrals (up to 6) LEOKA Officer K1Ied Type of Assignment Body Armor Cal Type W T N E S S Witness Name - Last First Middle Suffox Address City State Zip Code Home/Cell Phone # Work Phone # Type of Witness V E H C L E 001 Vehicle Year Make Model Style License Plate # License State Year VIN Color(s) Was the Owner Present? Associated Offense Sequence No. Vehicle Impounded? Impound Location Impound Tag Number Printed By: WATERLOO POLICE DEPARTMENT 2 of 3 Case # W13-009432 I' R .0 p E R T Y 001 Associcated Offense Seq. No. Type of Loss Property Sequence Number Property Description Value of Property Date Recovered Make Model Color Serial Number Lost Property? SIN Number NCIC Number FINANCIAL DOCUMENTS Type of Document (Account Holder 'Name of Bank (Amt of Document ' 1 1 1 STOLEN MOTOR VEHICLES No. of Stolen Motor Vehicles No. of Recoverd Motor Vehicles SUSPECTED DRUG INFO Suspected Drug Type 1 _ Estimated Drug Quantity Type of Drug Measurement Suspended Drug Type 2 Estimated Drug Quantity Type of Drug Measurement Suspected Drug Type 3 Estimated Drug Q Type of Drug Measurement 1 T M 001 Assoc. Property Sequence # 001 Type of Loss/Etc. 6 - SEIZED Item Description MARLBORO REDS BOX SIN # NGC # Make Model Color Serial Quantity 1 Value $6.25 NARRATIVE On Tuesday, January 29, 2013 officer 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 business and attempt to purchase a pack of cigarettes. The decoy was told to use his Iowa ID if asked by an employee and to tell his true age if asked. The decoy was given a ten -dollar bill and told to use only this money to purchase the tobacco product. A photo -copy of the decoys ID and the money was made prior to conducting any compliance checks. The decoy was taken to New Star #3, located at 1459 Ansborough Ave. The decoy entered the business and I followed him in. The decoy went to the counter and requested to purchase Marlboro cigarettes, box. The clerk put the cigarettes on the counter and advised the price was $6.25. The decoy provided the clerk with a ten -dollar bill. The clerk then made change and handed it to the decoy. The decoy placed the change on the counter, along with the cigarettes, and exited the store. No attempt was made by the clerk to obtain the decoys ID or age. I made contact with the clerk and identified myself as a Police Officer. I explained to the clerk that the decoy was not old enough to purchase tobacco products. The clerk advised me that the decoy was of age as she went to West High School with him. I again informed the clerk he was only 17 years of age. The offender was issued a citation for selling tobacco to a minor. Prior to leaving the store the original ten -dollar bill was retrieved. The Marlboro cigarettes were seized as evidence. I conferred with the decoy who advised that he didn't know the clerk. Case closed with citation issued. 0 F F I C E R Complainant/Reporting Party Signature Reporting Officer FANGMAN GREG Badge Numbe F3617 Video Taken? Evidence Seized? Photos Taken? Supervisor MCCLELLAND, AARON Badge Numbe M3626 Incident Assigned To Cleared Exceptionally Date Cleared Exceptionally Notifications Investigators Gl Identification Unit Officer Case Investigative Photos Printed By: WATERLOO POUCE DEPARTMENT 3 of 3 Case # W13-009432 ioledgeeid. Compliance Check Form FY2Q13 TOBACCO ENFORCEMENT PROD M Retailer: tv S City: fin, Address: his -9 l7-$ f tL State:, ZIP g / RESULTS (check one): ❑ Compliant Date Checked: 1 Ia 4f3 Time Checked: ? [ 2 - 'Non -Compliant If Unable to Complete the Compliance Check (check'one) 0 Establishment has a VALID PERMIT but Does'Not`Seil Tobacco - Permit Status Verified by City Clerk or County Auditor 0 Establishment No Longer Holds a Valid Tobacco Permit • Unable to Complete (Not Applicable) 0 Establishment is Out of Business Clerk Information: 0 Male Female First Name L ? 4a f Middle Initial: Last Name: ,Jot" ir` 1) Case #:i44 3 -?4/ j z 0 Establishment is designated as an "Unsatisfactory Condition" - 'Unsatisfactory Condition" verified by ABD Tobacco Investigator - officer Conducted a Walk -Through of the Premises (Explanation Required in Comments Section Below) b- If none of the above reasons apply, write reason and explainaiion 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. lows Code § 453A2(1). (NOTE: If the compliance check result is Non -Compliant, a citation must be issued before your department may receive payment) OFFICER INFORMATION: First Name: 6S7 Middle initial: Badge: ° 3 t? Department: IJLA CONFIDENTIAL INFORMANT (CI): CI Age: 0 1 0 1 CI Ethnicity: Last Name: giri7 17 CI Gender: C,Male 0 Female Cl Number: 7 (Last 4 digits of CI's ID) hite ❑ Asian 0 African American ❑ Native American ❑ Hispanic ❑ Other RESULTS OF ATTEMPTED PURCHASE: Attempted Purchase Item: Age Requested? O YES 5NO ID Requested? ❑ YES Lei NO Cigarettes ❑ Smokeless Tobacco ❑ Other Tobacco Product $50 Officer Signa ure Amount Due COMMENTS: Page 10 BEFORE THE WATERLOO CITY COUNCIL IN RE: NEW STAR #3 ORDER ACCEPTING 1459 ANSBOROUGH AVENUE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION On this day of 614. , 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: Suzy Schres, City Clerk