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Home My WebLink AboutXO Food & Liquor-4/1/2013Manor BUCK CLARK COUNCIL MEMBERS Ms. Connie Larson Attorney General's Office Hoover State Office Building, 2nd Floor CITY OF CITY A TO BY'E OFFICE 715 Mulberry St. • Waterloo, FA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney • DAVID R ZELLHOEFER, Assistant City Attorney April 2, 2013 DAVID Des Moines, IA 50319 JONES Ward 1 Re: Civil Tobacco Penalties CAROLYN COLE Dear Ms. Larson: Ward 2 HAROLD Enclosed are copies of the following: GETTY Ward.3 • XO Food & Liquor—Acknowledgment/Settlement Agreement for a First QUENTIN M. Violation and Order Accepting same dated April 1, 2013. HART • Save More Food—Acknowledgment/Settlement Agreement for a First Ward4 Violation and Order Accepting same dated April 1, 2013. RON WELPER Very truly yours, Ward 5 BOB GREENWOOD At -Large Sharae Akin STEVE Legal Assistant SCHIJiITT At -Large sda Enclosures C: Suzy Schares, City Clerk File CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Oppottttttityr/A1!iunative Action Employer BEFORE THE WATERLOO CITY COUNCIL IN RE: XO FOOD & LIQUOR ORDER ACCEPTING 428 FRANKLIN STREET ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50703 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. Ernest G. Clark, Mayor ATTEST: Suzy Scharer, City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I 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 WILTERLCD, CITY ATTC)3I4M V®tom OFFICM 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney • DAVID R. ZELLHO1HHK, Assistant City Attorney April 2, 2013 XO Food & Liquor 428 Franklin Street Waterloo, Iowa 50703 Re: Civil Tobacco Penalty Dear Owner: Enclosed is a copy of the Acknowledgement/Settlement Agreement for First Violation concerning XO Food & Liquor located in Waterloo, Iowa, along with the original Order Accepting the Acknowledgement/Settlement Agreement dated April 1, 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 CITY WEBSITE: wv.rw.cityofwaterlooiowaxorn r 'AT919ET1' 11`0,11D %Ira Tl VV Li lily VV A.,11611.14.1 J 1 vn*. •v. An Equal Oppotbta> t/Afro n t ve Acton Employer IN RE: XO FOOD & LIQUOR 428 FRANKLIN S 1 Kbt.1 tVV7HTTPT Jl, T10 VVTt, J 07 03 ACKNOWLEDGMENT/ St,1 1 LLMtN 1 AGREEIVIEIN 1 TTT !lT t TTI' T A 'TT fVKT r lite i Y 1VLC111Vi' 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 acknowledgethe 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: 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. ;ODD, INC DBA XO FOOD & LIQUOR 428 FRANKLIN STREET WATERLOO, IA 50703 319-234-8977 PA" TO THE ` ORDER OF C.._.- f 'T_'7 ' -- n le L � 72-2201/739 1183 DATE J $ S�`Jr ti DOLLARS Linn County State Bank Foil II'0 18 3n. 1:0 7 3 9 2 20 18': 0 2 3499 2u' IVP BEFORE THE WATERLOO CITY COUNCIL IN RE: XO FOOD & LIQUOR ORDER ACCEPTING 428 FRANKLIN STREET ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50703 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. Ernest G. Clark, Mayor ATTEST: Suzy Sch res, City Clerk