01-9087r
RESOLUTION NO. 9087
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR LICENSE FOR EL JALAPENO, 1430 EAST 66TH STREET; AND IMPOSING A
CIVIL PENALTY FOR SECOND TIME ALCOHOL COMPLIANCE FAILURE
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WHEREAS, EI Jalapeno ("Licensee") holds an Off-Sale 3.2 Percent Intoxicating
Malt Liquor License from the City of Richfield; and
WHEREAS, on July 14, 2001 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.
WHEREAS, this is a second violation of the sale of alcohol to a minor with the first
sale of alcohol to a minor occurring on November 18, 1999; and
WHEREAS, this is their second failed compliance check with the civil penalty being
imposed by the Council at their September 10, 2001 meeting, and
WHEREAS, the Licensee appeared before the Richfield City Council on September
10, 2001 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 of five consecutive days, commencing on a date to be
determined by the Public Safety Director, but to take place no later than October 10,
2001.
2. A civil penalty of $1500 is hereby imposed. On or before October 10, 2001, the
Licensee shall deliver a check or money order payable to the City of Richfield in the
amount of $1500.
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 October 10, 2001. 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 to present an action plan to ensure further
compliance by October 10, 2001; and
5. 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 10th day of September,
2001. _. '_ '1. ) . ,()
~i1, .-- d~){
Martin J. Kirb., yor
ATTEST: