04-9446r
46
RESOLUTION NO. 9446
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR LICENSE FOR KWIK WA V FOODS, 7701 PORTLAND AVENUE SOUTH, AND
IMPOSING A CIVIL PENAL TV FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE
WHEREAS, Kwik Way Foods, ("Licensee") holds an Off-Sale 3.2 Percent
Intoxicating Malt Liquor License from the City of Richfield; and
WHEREAS, on December 4, 2003, 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 third failed alcohol compliance check but
because more than two years has elapsed since the previous failures, it serves as a first
failure. Their original first 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 is hereby
suspended for a period of five (5) consecutive days, commencing on a date to be
determined by the Public Safety Director, but to take place within 30 days of their
Council appearance.
2. A civil penalty of $1 ,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
$1,000.
3. Licensee will meet with the Director of Public Safety by April 23, 2004 to present a
written action plan to ensure future compliance.
4. One staff member, preferably the manager, must attend an alcohol compliance and
sales awareness presentation conducted by a private firm, approved by Public Safety,
with all costs to be paid by the establishment.
Passed by the City Council of the City of Richfield this 23rd day of March, 2004.
ATTEST:
U