04-9517r
117
RESOLUTION NO. 9517
RESOLUTION SUSPENDING THE OFF SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR LICENSE FOR EL-JALAPENO MARKET, 1430 EAST 66TH STREET, AND
IMPOSING A CIVIL PENAL TV FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE
WHEREAS, EI-Jalapeno Market, ("Licensee") holds an Off-Sale 3.2 Percent
Intoxicating Malt Liquor License 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
first failure. The previous penalties were imposed by the Council at the December 13,
1999 meeting and the September 10, 2001 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 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 October 16, 2004, the
Licensee shall deliver a check or money order payable to the City of Richfield in the
amount of $1,000.
3. Meet with the Director of Public Safety by October 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 16th day of September,
2004.
~]1&~J
Martin J. Kir ; Mayor
ATTEST:
~,~
Nancy Gib~tity Clerk