04-9448r
48
RESOLUTION NO. 9448
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR LICENSE FOR SUPERAMERICA, 7720 NICOLLET AVENUE SOUTH; AND
IMPOSING A CIVIL PENAL TV FOR SECOND TIME ALCOHOL COMPLIANCE
FAILURE
WHEREAS, SuperAmerica ("Licensee") holds an Off-Sale 3.2 Percent Malt Liquor
License from the City of Richfield; and
WHEREAS, on December 3, 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 December 13, 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 3.2 Percent Malt Liquor license is hereby suspended for a
period of seven (7) 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 ,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. The Licensee must schedule mandatory alcohol compliance sales awareness training
for all employees who are responsible for the service of alcohol to customers and must
be scheduled to occur no later than April 23, 2004. This training will be provided by a
private firm, to be approved by the Public Safety Department, and all costs associated
with the training will be the responsibility of the Licensee.
4. Licensee will meet with the Director of Public Safety by April 23, 2004 to present a
written action plan to ensure further compliance.
Passed by the City Council of the City of Richfield this 23rd day of March 2004.
ATTEST:'i'l&=~"'V;
Nancy Gibbs, City Cle