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HomeMy WebLinkAboutCorks Grocery-1/30/2012BEFORE THE WATERLOO CITY COUNCIL IN RE: CORKS GROCERY ORDER ACCEPTING 1956 LAFAYETTE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50703 AGREEMENT—SECOND VIOLATION On this 66 day of I-Qum/601, 2012, 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 One Thousand Five Hundred Dollars ($1,500.00). Be advised that this sanction will count as a Second Violation of Iowa Code §453A.2, pursuant to Iowa Code §453A.22(2). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Ernes . Clark, Mayor ATTEST: Suzy SchareCity Clerk CITY OF WATERLOO Council Communication City Council Meeting: January 30, 2012 Prepared: January 23, 2012 Dept. Head Signature: James E. Walsh, Jr., City Attorney # of Attachments: 3 e1cti KI9( -Au) 9e0 - SUBJECT: Corks Grocery Tobacco Violation -Second, $1,500.00 Civil Penalty Submitted by: David R. Zellhoefer, Asst. City Attorney Recommended City Council Action: Accept Acknowledgment/Settlement Agreement Summary Statement: An employee sold tobacco to a minor; this was a second violation within two years. Under Iowa law, when it is a second violation, the City is allowed to collect a civil penalty of $1,500 or suspend the cigarette permit for 30 days (permittee's choice). Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: 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 . SC}iMITI At -Large CITY OF WATERLOO, IOWA CITY AA"iT NEY°'_=, OFFICE 715 Mulberry St. 9 Waterloo, IA 60703 (319) 291-4327 Fax (319) 291-4571 • JAMES E WALSH, JR., City Attorney • DAVID R. ZELLHOEFhK, Assistant City Attarney January 23, 2012 Mayor Buck Clark and City Council City Hall Waterloo, IA 50703 Re: Corks Grocery, 1956 Lafayette, Waterloo, Iowa, 50703 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, David R. Zellhoefer Assistant City Attorney DRZ:sda Enclosures: Signed Acknowledgment/Settlement Agreement and Order C: Police Chief file CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Aeon Employer E01.02 q �ala04i 2 ' g+ ;E & Ra! aMla I ©!:U £#urf2 ¥■2 a/\ RECEIVFD JANO 5 2012 IN RE: Corks Grocery ACKNOWLEDGMENT/ 1956 Lafayette Street SETTLEMENT AGREEMENT WATERLOO, IOWA, 50703 SECOND 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 "Second Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) understand that the penalty for this second violation is a civil penalty of One Thousand Five Hundred Dollars ($1,500.00) or a suspension of my (our) cigarette permit for thirty (30) days, beginning on the date that will be specified in the official City Order that I will receive. The above - captioned permit holder hereby waives all jurisdictional claims. Date: ae I - / In accordance with Iowa Code §453A.22(2)(b), the above -captioned permittee chooses the following penalty: $1,500.00 fine ❑ 30 -day suspension 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, as well as a check mark placed on the chosen penalty, should be returned to: David R. Zellhoefer, Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. IN RE: CORKS GROCERY 1956 LAFAYETTE WATERLOO, IOWA, 50703 HEARING COMPLAINT SECOND 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)(b) 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 One Thousand Five Hundred Dollars ($1,500.00) or a thirty -day cigarette permit suspension for a second violation of Iowa Code §453A.2(1) within two years. 3. On or about November 1, 2011, 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. On December 19, 2011, the permittee was issued a sanction for a second violation of Iowa Code §453A.2. 5. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above -referenced sections of Iowa Code Chapter 453A and assess a civil penalty in the amount of One Thousand Five Hundred Dollars ($1,500.00) or a thirty -day cigarette permit suspension against Corks Grocery. David Zellhoefer Assistant City Attorney Trial Court Search Page 1 of 1 Iowa Courts Online Search Trial Court Case Details Search Results Back Print All Pages Help Home New Search [Summary] Parties [Long Title] [Filings] Property/Lis Pendens [Criminal Charges/Disposition] Jud; Charges, Dispositions, Sentences Title: STATE vs. GOODIN, TINA LYNN Case: 01071 STA0071954 (BLACK HAWK) Citation Number: 85117 Defendant: GOODIN, TINA LYNN Count 01 Charge Charge: 453A.2(1) -C Description: 1ST OFFENSE - EMPLOY/ TOBACCO TO MINOR Date:Offense 11/01/2011 Arrest, Against Type: DPS Number: Adjudication 1ST OFFENSE - Charge: 453A.2(1) -C Description: EMPLOYEE PROVIDING Adj.: C' Adj.Date: 11/18/2011 NEGOTIATEDNOLUN PLEA Adj.Judge: SEVCIK, JOSEPH Comments: Sentence Charge: 453A.2(1) -C Sentence 11/18/2011 Date: Appeal: Facility Type: https://www.iowacourts.state.ia.us/ESAWebApp/TlndexFrm Description: 1ST OFFENSE - EMPLOYEE PROVIDING Sentence: FINE Sen.Judge: SEVCIK, JOSEPH Attorney: N 12/14/2011 CORK'S GROCERY 1968 LAFAYETTE PH. 233-8786 WATERLOO, IA 50703 PAY TO THE ORDER OF FOR II' 0 DATE 30055 1 72-2259/739 01 TYLLIal7 ) COMMUNITY 1_ NNAUONAL www.CNBI.com .Ivre DO LARS 8e euriny el . c?..Z OSSu' 1:0739 2 2E971: i333E00 ;pato :paaraaad .uarhed P& apuai unarm Ie aj 4draaag min go ° 'r S3t�I FT K C�►3Jgg 33I10d H33335 ScN803 :Gaal paAraaa3 60A13 ° 411 paAraaa `erseare wagsnN $diaaati Ui02/S0/[ E0102 U janl,aalefl S AaaacioN gTL aar ooraalem Jo 440 : aaueurd/,aI3 d4r3