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04-9516r 116 RESOLUTION NO. 9516 RESOLUTION SUSPENDING ON-SALE INTOXICATING AND SUNDA V LIQUOR LICENSES FOR FRENCHMAN'S, 1400 EAST 66TH STREET SOUTH, AND IMPOSING A CIVIL PENAL TV FOR SECOND TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Frenchman's, ("Licensee") holds On-Sale Intoxicating and Sunday Liquor Licenses from the City of Richfield; and WHEREAS, on June 8, 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 third failed alcohol compliance check but because of the time that has elapsed between now and the previous failures, it serves as a second failure. Their previous penalties were imposed by the Council at the October 11, 1999 meeting and the March 23, 2004 meeting; and WHEREAS, the Licensee appeared before the Richfield City Council on September 16, 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 licenses are 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 October 16, 2004, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1,750. 3. Meet with the Director of Public Safety by October 16, 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 16th day of September, 2004. /Jr~~ W Martin J. Kit: ch, Mayor ATTEST: