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HomeMy WebLinkAboutB & B East-3/18/2013Mayor 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 SCHfvIITT At -Large CITY OF WATERLDO, ICYWA. CITY A' TOPOINCY E OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney DAVID R. ZSLLHOEF±K, Assistant City Attorney March 21, 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 B & B East, 1615 Bishop Avenue, Waterloo, Iowa, along with a copy of the Order Accepting the Acknowledgement/Settlement Agreement dated March 18, 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 EqualOpportunity/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 WELDER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large ITN' DF ..,,ATEA LO IOWA CITY ATT'®IRIKIEV B OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney • DAVID R ZELLHOEFEK, Assistant City Attorney March 21, 2013 B & B East 1615 Bishop Avenue Waterloo, Iowa 50703 Re: Civil Tobacco Penalty Dear Owner: Enclosed is a copy of the Acknowledgement/Settlement Agreement for First Violation concerning B & B East, 1615 Bishop Avenue located in Waterloo, Iowa, along with the original Order Accepting the Acknowledgement/Settlement Agreement dated March 18, 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 Opportunity/Affurrabve Aclron tmptoyer IN RE: B & B EAST ACKNOWLEDGMENT/ 101J ti1H1UY AVr,NUE SETTLEMENT AGKEEiv1EN1 WATERLOO, IOWA 50707 FIRST VIOLATION I (NZ) 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: ©3 EE Lata vv_ i c k c 6-- 2013 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. ii EZ INTERNATIONAL INC DBA R & B; EAST Po BOX,586 CED?R FgLLSiA 60613 72-552/739 FOR` LINCOLN SAVINGS DANK Cedar Falls, IA 50613 www.MyLSBcor 000 2 1? 30 •:0739055 271: 900040477u' BEFORE THE WATERLOO CITY COUNCIL IN RE: B & B EAST ORDER ACCEPTING 1615 BISHOP AVENUE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50707 AGREEMENT—FIRST VIOLATION On this le day of AitkOtk.2 , 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. ATTEST: Suzy Sch, res, City Clerk rnest G. Clark, Mayor Rev. 052006 County S BLACK HAWK - 07 IOWA INCIDENT REPORT WATERLOO POLICE DEPARTMENT 715 MULBERRY ST (319) 291-4340 U Location 615 DtcheSHOP AVE M A R Y Report Type 0 - INITIAL INCIDENT tnspatcned Time 16:08 Case Number W13-005248 Date of Report 1/17/2013 Status 03 - CLEARED BY ARREST Day of week Incident Occurred 5 -THURSDAY Hrs. Al Iivui 111116 16:04 111 J61YN6 I Illly Hrs. 116:40 Hrs. is Incident Date tme oint YES 11 dent Date or Lower Date Range 01117/2013 UpperDate Range incident Timer -lower Time Range 16:04 Hrs. -Upper-Time-Range Hrs. INCIDENT REPORTED BY Incident Reported byVictim7 NO Reporting Victim's Sequence No. Name - Last FANGMAN First GREG Middle Suffix Business Name (If Incident was Reported by a Business) WATERLOO POLICE DEPARTMENT - _... Address 715 MULBERRY ST City WATERLOO State IA Zip Coda 50703 Home/Ce8 Phone Work Phone (319) 291-4349 0- F F E -N- S E- 001 Seq. No. _ Code Section 453A.2(1) _ Attempted/Complatad C -COMPLETED Charges/Offense SALES OF TOBACCO TO A MINOR UCR Offense Code ALL OTHER OFFENSES - 90Z 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 N - NOT APPLICABLE - ._-LOCATION OF OFFENSE Location Type 07 - CONVENIENCE STORE _ Literal Description BISHOP AVE X Coordinate 00558087 Y Coordinate 04705339 0 F E N D. E R. Type of Offender .01.: OFFENDER _. Ates(es) Sequence No. 01 Name - - Last MUBURIK First ALI Middle Suffix Offender Sobriety 1 - HAD NOT BEEN DRINKING Address 791-105 RUSSELL. RD DOB Known? YES City WATERLOO State IA Zip Code 50703 Home/Get Phone DOB 04104!1975 Age or Lower Age Range 37 Upper Age Range SSN Driver's License - Number State IA. Gender M Height 5' 10" Weight 175 LBS Eye Color BROWN - BRO Hair Color BLACK - BLK Resident Status R - RESIDENT 001 - Skin Tone LIGHT BROWN - LBR _ ScarsThiarks/Tattoos Race 3 - CAUCASIAN Ethnicity N - NOT OF HISPANIC ORIGIN Was offender present when officer arrived? YES Type of Injury Hospital Taken to Transported By __EMPLOYMENT OR SCHOOL INFO Employer or School B&BWEST _. Address 1615 BISHOP AVE. Occupation CLERK City WATERLOO State IA Zip Code 50702 Hours of Employment 2ND SHIFT Work Phone (319) 433-1386 ARREST INFO Offender Arrested? YES Arrestee Seq. No 001 Type of Arrest S - SUMMONED/CITED Arrest Date 01/17/2013 Arrest Time 16:05 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 Address City Home/Cell Phone Work Phone State Juvenile Arrestee Disposition Suffix Zip Code Printed By: WATERLOO POLICE DEPARTMENT of s Case VVi ti-Of/b246 V C T M Type of Victim S • SOCIETY/PUBLIC Sequence No. 1 Name - Last Business/Organization/Municipality Name CITY OF WATERLOO First 1 Middle Address 715 MULBERRY ST City WATERLOO State IA 1.Suffa Zip Code 50703 Home/Cell Phone (319) 2914349 Alias(es) Victim Sobriety DOB Known? DOB Age or Lower Age Range Uppe Age Range SSN Resident Status Driver's License - Number 001 Skin Tone Type of -Injury --- I Race (State (Gender Height Weight Eye Color Hair Color IEthnicity Scars/Marks/Tattoos -} itaFTaken 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 Assault/Homicide Circumstances (up in 2) Additional Just01able Homicide Circumstances VICTIM'S RELATIONSHIP TO OFFENDERS) First Offender Seq. No. 001 Victim's Relationship to First Offender OK - VICTIM WAS OTHERWISE KNOWN • 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 0 Domestic Abuse 0 LEOKA 0 BIAS CRIME Bias Motivation Target Code Blas Group Affiliations DOMESTIC ABUSE Children Present? Seq. No. of Domestic Abuse Offender Does the victim have a current No Contact Order? [OYES 0 NO Has the subject been charged with domestic abuse assault on the victim 0 YES NO Was the Abused Persons Rights given? OYES fNO Does the Victim request a No Contact Order? 0 YES p NO Domestic Abuse Referrals (up to 6) LEOKA Officer Killed Type of Assignment Body Armor Gail Type W N E S S Witness Name - Last First Middle Suffix Address City State Zip Code Home/Cell Phone # Work Phone # Type of Witness _V_ E H C L 001 Vehicle -Year - —Make Model License Plate License State Year VIN Color(s) Was the Owner Present? Associated Offense Sequence No. Vehicle Impounded? Impound Location Impound Tag Number rrulteo by. VYH1 tKLUU POLR+c UtrHK1 PlIC1L I uJ Case it W9S•00524b • p Associcated Offense Seq. No. 001 Type of Loss 1Property Sequence Number 1 -NONE I001 R O Property Desc1ptiion 77 - OTHER Vakte of Property $5.47 Date Recovered 01/17/2013 p Make Model Color Serial Number E R Lost Property? SIN Number - NCIC Number T Type of Document FINANCIAL Account Holder DOCUMENTS Name of bank Amt of Document —001 STOLEN MOTOR VEHICLES No. of Stolen Motor Vehicles No. of Recoverd Motor Vehicles SUSPECTED DRUG INFO Suspecxed Drug Type 1 Estimated Drug QuanDy Type of Drug Measurement Suspected Drug Type 2 Estimated Drug Quantiiy Type of Drug Measurement Suspected Drug Type 3 Estimated Dreg Quantity Type of Drug Measurement I T Assoc, Property Sequence # Type of Loss/Etc. Item Description SIN# NClC#F NI 001 Make Model ' Color Serial Quantity Value NARRATIVE On 1-17-13 officers of the Waterloo Police Department conducted tobacco compliance checks In the City of Waterloo. Officers used an underage decoy to conduct compliant checks. The decoy was Instructed to enter the businesses and attempt to purchase tobacco products. The decoy was told to use his Iowa ID if asked by an employee for identification. The decoy was given a twenty -dollar bill and told only to use that money when attempting to purchase tobacco. The decoy was told that if an employee asked his age, he was to give his true age. A copy of the decoy's ID and the twenty -dollar bill was made prior to compliance checks. The decoy -was then taken to the Clark Station at 1615 Bishop Ave. The decoy entered the business through the front door and was followed in • by Officer J. Oliver. Oliver observed the -decoy approached the counter and asked the clerk for a pack of Marlboro reds, short. The clerk/suspect Made no attempt to obtain an ID from the decoy, nor did he verbally ask his age. The clerk/suspect placed the cigarettes on the counter and told the decoy the price. .The decoy gave the.clerk/witness a twenty -dollar bill. The clerk took the twenty, made change and handed the change to the decoy. The decoy -placed the change on the -counter next to the cigarettes and walked out of the store. Oliver informed the clerk that he was a Police Officer and that he had just sold tobacco to a minor. 'The Clerk/suspect was Issued a citation In lieu of arrest for selling tobacco to a minor. The clerk was asked for the twenty -dollar bill that was used, which he provided. The clerk/suspect was told to keep the change that he had provided. The cigarettes were seized as evidence and later tagged into property. Case closed 0 F F 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 11113626 Incident Assigned To Cleared Exceptionally Date Cleared Exceptionally Notifications Investigators _ Identification Unit Officer Case Investigative Photos fl Printed By: WATERLOO POLICE DEPARTMENT 3 of s Case # W13-005248 ipledge2id I TOBACCO ENFORCEMENT PROGRAM V1ti Tpliance Gh-ck Form Retailer: &i43 def+ FY2013 Address: l t / City: State: ZIP: 5DL-7�3 RESULTS (check one): '03 Date Date Checked: Time Checked: Compliant .Non -Compliant if unable to Complete the Compliance Check (check one) ❑ Establishment has a VALID PERMIT but Does Not Sell Tobacco. - Permit Status Verified by City Clerk.or County Auditor 0 Establishment No Longer Holds a Valid Tobacco Permit Unable to Complete . (Not Applicable) ❑.Establishment is Out of Business Clerk Information. ale ❑ Female First -Name: hub tri`' 11 Middle Initial: Last Name: /4"1 tl Case #:frvIl - 5:2 -I ' 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) If none of the above reasons apply, write reason and explaination 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. Iowa Code § 453A.2(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: Badge:. d 3(0 3 Zi Middle Initial: Last Name: 0 Department: r,A.G i-1 PA be.? CONFIDENTIAL INFORMANT (Cl): CI Age: ❑ 15 ❑ 1617 CI Gender: CI Ethnicity: Male ❑ Female CI Number: White ❑ Asian 0 African American RESULTS OF ATTEMPTED PURCHASE: Attempted Purchase Item: Cigarettes Age Requested? ❑ YES INNO ID Requested? ❑YES NO $50 1 �y _(Last 4 digfts of CI's ID) 0 Native American 0 Hispanic 0 Other 0 Smokeless Tobacco ❑ Other Tobacco Product Officer Signet fe _ Amount Due COMMENTS: Page 10 O 24 HOUR D 72 HOUR EOUIPM ENT WARNING COM PLAINT IOWA UNIPORM CITATION AND COMPLAINT WATERLOO POLICE DEPT, Y IFF: State of Iowa D County of; BLACKHAWK (City of WATERLOO i c, otn, waterloo, IA VS. ,Q�) NAME.: Defendant, Last Address —2 9 1 / City Vv —{ 6 StateZip--2Qt_ SSIDL# 6- 5 A State Co. # DL Class DL Encs DL Rest DOB Lj / rj / Race �J Sex Ht. Wt. No.: 07 1,413--5;?1 93600 ass(.) j ,* /6 Middle The undersigned states that on or about at 4.OS defendant did unlawfully: Mo. Day Yr. D �M Operate Motor Vehicle/Boat (describe) CMV D Yes D No HazMat Plac Req. °Yes D No US DOT# Reg # State Year Upon a public highway at — .- Located in the county and aforesaid and did then and there commit the following offense: 0 Traffic avigation D Snowmobile/ATV D Fish -Game D Pada chedu]ed Vio/Fine $ , 6 ° D Road Construction Zone / l - D Non -Scheduled Violation $ D Court Appearance Required (805:10) ° c) Reason: $ 0 RI 0 P.D. ($1000) Accident > (j 0. 0 Fatal Accident Total Fine/Co $ 0 Civil Damage Assessment Violation see c �4.LL"{ 5 ttk61.01-(i'''" _Speed Zone -Sec. # IA Code DAT OD Fed/Adm. Code _ I sw=.:�tha. fi ongoing complaint is true and correct. NOT WR1Tg IN SPACE Surcharge Court Costs signature ID Sub ; ribed and sworn to before me by S �"4i C N at Waterloo' Iowa this .day of V -'ttA -tv 2 �t Notary/other Court Date/Paid: If you must appear in court or if you choose to app ear to answer a charge which not qui an appearance, report to the above named court . to• Mo. Day Yr. NOTICE. Providing false information is a violation of Section 719.3 of the Code of 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 penalty of providing false information. 2. I promise to appear in said court at said time and place, or I will comply with the provision on the top of the reverse side of the citation. The following applies to simple misdemeanors only: / 7_ ��� 3. I hereby give my unsecured appearance bond in the amount f�� dT appearance. I : • .>. at if.I fail to a personby dollars and enter my written in this citation, > ply of counsel to defend against the offense charged •urt authorized to enter a conviction and render judgment against me for the atmnt > . ,::4ge. - , . n„ bo„d in satisfaction of the penalty and surcharge plus court costs. Local 0 3cJd OPM Signature of Defendant 1 rola-FORMS REORDER 85110908 POS WATERLOO (Bob 331.4976 Charges, Dispositions, Sentences Title: STATE VS. MUBURIK, ALI Case: 01071 STA0091766 (RT ACK NA WK) Citation Number: 93600 Defenda MUBURIK, ALI nt: Count 01 Charge Charge: 453A.2(1) -C Descripti 1ST OFFENSE - EMPLOYEE on: PROVIDING TOBACCO TO MINOR Offense Arrest 01/17/2013 Date: Date: DPS Number: Adjudication Charge: 453A.2(1) -C Against Type: Descripti 1ST OFFENSE - EMPLOYEE PROVIDING TOBACCO on: TO MINOR GUILTY Adj.Date Adj.: NEGOTIATED/VOLU 01/29/2013 N PLEA . Adj.Judg e: Commen ts: Sentence Charge: 453A.2(1) -C Descripti 1ST OFFENSE - EMPLOYEE PROVIDING TOBACCO on: TO MINOR Sentence 01/29/2013 Sentence FINE Date: Appeal: Facility Type: Restituti on: Sen.Judg e: Attorney Drug: Extradition: Lic.Revo ked: Fine Amount: DDS: Batterer: Duration Commen t: 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 BEFORE THE WATERLOO CITY COUNCIL IN RE: B & B EAST ORDER ACCEPTING 1615 BISHOP AVENUE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50707 AGREEMENT—FIRST VIOLATION On this iD day of Wk./ , 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. ATTEST: Suzy Schar;s, City Clerk rnest G. Clark, Mayor