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03-9303r I I I 125 RESOLUTION NO. 9303 RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR LICENSE FOR SUPERAMERICA, 826 W. 66TH STREET, AND IMPOSING A CIVIL PENAL TV FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, SuperAmerica, ("Licensee") holds an Off-Sale 3.2 Percent Malt Liquor License from the City of Richfield; and WHEREAS, on December 4, 2002, 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 second failed alcohol compliance check, but because more than one year has elapsed since the previous failure, it serves as a first failure. Their original first failure date was on August 7,2000 with the penalty imposed by the Council at the September 25,2000 meeting; and WHEREAS, Licensee appeared before the Richfield City Council on February 11, 2003 and admitted the violation; and the Licensee has 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 $1000 is hereby imposed. On or before March 11,2003, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1000. 3. Meet with the Director of Public Safety to present an action plan to ensure future compliance by March 11, 2003; and 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 11th day of F ATTEST: