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02-9219r I I I 41 RESOLUTION NO. 9219 RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR LICENSE FOR KWIK WAY FOODS, 7701 PORTLAND, AND IMPOSING A CIVIL PENAL TV FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Kwik Way Foods, ("Licensee") holds an Off-Sale 3.2 Percent Malt Liquor License from the City of Richfield; and WHEREAS, on April 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 two years has elapsed since the previous failure, it serves as a first failure. Their original first penalty was imposed by the Council at the April 26, 1999 meeting; and WHEREAS, Licensee appeared before the Richfield City Council on July 23, 2002 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 two (2) 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 $500 is hereby imposed. On or before August 23,2002, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $500. 3. Meet with the Director of Public Safety to present an action plan to ensure future compliance by August 23, 2002; and 4. One staff member preferably the manager, must attend an alcohol compliance and sales awareness presentation conducted by Public Safety staff within 30 days of their Council appearance. Passed by the City Council of the City of Richfield this 23rd day of July, 2002. M~~aM~ ATTEST: ,