01-9088r
20
RESOLUTION NO. 9088
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR LICENSE FOR KENNY'S MARKET, 6708 PENN AVENUE SOUTH, AND
IMPOSING A CIVIL PENALTY FOR THIRD TIME ALCOHOL COMPLIANCE FAILURE
WHEREAS, Kenny's Market, (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; and
WHEREAS, this is the third violation of the sale of alcohol to a minor with the
second sale occurring on July 12, 1999, and the first sale occurring on March 4, 1999;
and
WHEREAS, this is the third failed compliance check with the civil penalty being
imposed by the Council at their September 10,2001 meeting; and
WHEREAS, the Licensee was given due notice on the time and date of the
hearing and the action proposed to be taken at such hearing, and was given notice of
the right to be present at the hearing; and
WHEREAS, the Licensee did not appear at the hearing and made no request
that the hearing be postponed or continued.
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 ten 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 October 10, 2001, the
Licensee shall deliver a check or money order payable to the City of Richfield in the
amount of $1750.
3. 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 by October 10, 2001 to present an action
plan to ensure future compliance; 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 this
Council decision.
2001.