07-9881r
RESOLUTION NO. 9881
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR FOR KWIK WAY FOODS, 7701 PORTLAND AVENUE SOUTH, AND
IMPOSING A CIVIL PENALTY FOR SECOND TIME ALCOHOL COMPLIANCE
FAILURE
WHEREAS, Kwik Way Foods, ("Licensee") holds an Off-Sale 3.2 Percent
Intoxicating Malt 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 fifth alcohol compliance check failure, but
because of the time that has elapsed between now and the previous failure, it serves as a
second failure. Their previous failure was on November 9, 2004.
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 license 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 February 9,2007, 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 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.
~~.
Debbie Goettel, Mayor
ATTEST: