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12-10679r RESOLUTION NO. 10679 RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR EL JALAPENO MARKET, 1430 EAST 66TH STREET, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, El Jalapeno Market ("Licensee") holds an Off-Sale 3.2 Malt Liquor License from the City of Richfield; and WHEREAS, on June 9, 2012 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 first alcohol compliance check failure and; WHEREAS, the Licensee appeared before the Richfield City Council on July 24, 2012 and admitted the violation and stipulated to the 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 Malt Liquor License 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 after their Council appearance. 2. A civil penalty of$1,000 is hereby imposed. On or before August 24, 2012, 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 August 24, 2012 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 24th day of July 2012. om Fitz enry, Mayor Pro Tempore ATTEST: Nancy Gibbs ity Clerk