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07-9959r RESOLUTION NO. 9959 RESOLUTION SUSPENDING THE CLUB ON-SALE AND SUNDAY LIQUOR LICENSES FOR FRED BABCOCK V.F.W. POST NO. 5555, INC., D/B/AI FOUR NICKELS FOOD AND DRINK, 6715 LAKE SHORE DRIVE, AND IMPOSING A CIVIL PENAL TV FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Fred Babcock V.F.W. Post No. 5555 ("Licensee") holds a Club On-Sale and Sunday Liquor licenses from the City of Richfield; and WHEREAS, on April 13, 2007 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 fourth compliance check failure; but because of the time that has elapsed between now and the previous failures, it serves as a first failure. The previous failures were on July 15, 1999, August 8, 2000, and November 9, 2004 and; WHEREAS, the Licensee appeared before the Richfield City Council on July 10, 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 Club On-Sale and Sunday Liquor Licenses 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 of their Council appearance. 2. A civil penalty of $1,000 is hereby imposed. On or before August 10, 2007, 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 10, 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 10th day of July 2007. ~~ Debbie Goettel, Mayor ATTEST: