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07-9880r RESOLUTION NO. 9880 RESOLUTION SUSPENDING THE ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE FOR DON. PABLO'S, 980 W. 78TH STREET, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Don Pablo's, ("Licensee") holds an On-Sale Intoxicating and Sunday Liquor License from the City of Richfield; and WHEREAS, on October 5, 2006, 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 the third alcohol compliance check failure but due to the time that has elapsed between now and the previous failure, itserves as a first failure. Their previous failure was on August 8, 2000. WHEREAS, the Licensee appeared before the Richfield City Council on January 9, 2007 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 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 February 9,2007, 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 February 9, 2007 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 9th day of January 2007. ~ rutr Debbie Goettel, Mayor ATTEST: