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04-9445r 45 RESOLUTION NO. 9445 RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR LICENSE FOR PHILLIPS 12TH AVENUE STATION, 774412TH AVENUE SOUTH, AND IMPOSING A CIVIL PENAL TV FOR FOURTH TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Phillip's 12th Avenue 66 Station ("Licensee") holds an Off-Sale 3.2 Percent Intoxicating Malt Liquor License from the City of Richfield; and WHEREAS, on December 4, 2004, the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment; and during the compliance check, an employee of the Licensee sold alcohol to a minor and; WHEREAS, this is technically their fifth failed alcohol compliance check but because more than two years has elapsed since the previous failure, it serves as a fourth failure. Their previous penalty was imposed by the Council at the September 10, 2001 meeting; and WHEREAS, the Licensee appeared before the Richfield City Council on March 23, 2004, and admitted the violation and stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee's Off-Sale 3.2 Percent Intoxicating Malt Liquor License no longer exists due to the fact that they have changed ownership and are no longer in operation under Phillip's 12th Avenue 66. 2. A civil penalty of $2,000 is hereby imposed. On or before April 23,2004, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $2,000. 3. No employee training is necessary as the business has changed ownership and no longer in operation as Phillips 12th Avenue 66. 4. A meeting with the Director of Public Safety is no longer necessary as ownership has changed. Passed by the City Council of the City of Richfield this 23rd day of March, 2004. -:-1;_ ',- m/UiJr; Martin J. Kir ATTEST: