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04-9449r 49 RESOLUTION NO. 9449 RESOLUTION SUSPENDING THE ON-SALE INTOXICA TINGAND SUNDAY LIQUOR LICENSES FOR CHI-CHI'S RESTAURANT, 7717 NICOLLET AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR THIRD TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Chi-Chi's Restaurant ("Licensee") holds On-Sale Intoxicating and Sunday Liquor Licenses 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 and; WHEREAS, this is technically their fourth failed alcohol compliance check but because of time that has elapsed since their previous failure, it serves as a third failure. Their previous penalty was imposed by the Council at the September 25, 2000; 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 Intoxicating and Sunday Liquor license is hereby suspended for a period of twelve (12) 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 $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. The Licensee must schedule mandatory alcohol compliance sales awareness training for all employees who are responsible for the service of alcohol to customers. This will include all servers, bartenders and all managers 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. 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 23 day J~~- Martin J. Kir ATTEST: