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04-9447r 47 RESOLUTION NO. 9447 RESOLUTION SUSPENDING THE ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR KETSANA'S, 7545 LYNDALE AVENUE SOUTH; AND IMPOSING A CIVIL PENAL TV FOR SECOND TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Ketsana's ("Licensee") holds On-Sale Wine and 3.2 Percent Malt Liquor Licenses 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. WHEREAS, this is technically their third failed alcohol compliance check but because more than two years has elapsed since the previous failure, it serves as a second failure. Their original first penalty was imposed by the Council at the October 11, 1999 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 On-Sale wine and 3.2 Percent Malt Liquor license has not been renewed in 2004 due to the owner's decision to no longer sell alcohol. 2. A civil penalty of $1 ,750 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 $1,750. 3. Due to the fact that the Licensee no longer serves alcohol, alcohol sales awareness training will not be required. However; should the owner decide to sell alcohol in the future, alcohol compliance sales awareness training for all employees who serve alcohol will be required and must be provided by a private firm, approved by the Public Safety Department, and all costs associated with the training will be the responsibility of the Licensee. 4. A meeting with the Director of Public Safety is no longer necessary. Passed by the City Council of the City of Richfield this 23rd day of March 2004. ~~~.IW Martin J. K , Mayor ATTEST: U,