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02-9221r I I I 43 RESOLUTION NO. 9221 RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR LICENSE FOR K.B. MOBILE MART, 6744 PENN AVENUE SOUTH, AND IMPOSING A CIVIL PENAL TV FOR THIRD TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, K.B. Mobile Mart ("Licensee") holds Off-Sale 3.2 Percent Intoxicating 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 their third failed alcohol compliance check as a result of the fact that it hasn't been within three (3) years of the second offense. Their previous penalty was imposed by the Council at the December 13, 1999 meeting; and WHEREAS, the Licensee appeared before the Richfield City Council on July 23, 2002 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 often (10) 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 $1750 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 $1750. 3. The Licensee must schedule mandatory alcohol compliance sales awareness training for all employees who are responsible for the service of alcohol to customers. This will include all servers, bartenders and all managers and must be scheduled to occur no later than August 23, 2002. This training will be provided at a location to be determined by Public Safety staff and all costs associated with the training, to include staff time and materials, will be the responsibility of the Licensee. 4. Meet with the Director of Public Safety by August 23, 2002, to present an action plan to ensure future compliance. Passed by the City Council of the City of Richfield t i of July, 2002. ATTEST: