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99-8746r 3 CITY OF RICHFIELD RESOLUTION NO. 8746 RESOLUTION SUSPENDING THE ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE FOR VINA, INC., D/B/A VINA RESTAURANT AND IMPOSING A CIVIL PENAL TV WHEREAS, Vina, Inc., d/b/a Vina Restaurant ("Licensee") holds an on-sale 3.2 percent malt liquor license from the City of Richfield; and WHEREAS, the City of Richfield Public Safety Department reported to the City Council on May 5, 1999 that the Licensee had failed a compliance check conducted at the licensed premises, 6401 Nicollet Avenue, on April 13, 1999; and WHEREAS, the Licensee appeared before the Richfield City Council on April 26, 1999 and requested that the alleged liquor violation be referred to an independent hearing examiner for a contested case hearing; and WHEREAS, on June 24, 1999, Administrative Law Judge Bruce H. Johnson (the "ALJ") conducted a hearing on the matter, at which both the City and the Licensee presented testimony and evidence; and WHEREAS, on June 28, 1999, the ALJ issued his Findings of Fact, Conclusions and Recommendation; and WHEREAS, the ALJ determined that on April 13, 1999, the Licensee violated state law and city ordinances by selling alcohol to a minor; and WHEREAS, the ALJ recommended that the Richfield City Council take appropriate disciplinary action against the Licensee's license. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The City Council adopts the Findings of Fact, Conclusions and Recommendation issued by the ALJ' 2. The Licensee's on-sale 3.2 malt liquor license is hereby suspended for a period of two consecutive days, commencing on a date to be determined by the Public Safety Director, but commencing no later than August 26, 1999. 3. A civil penalty of $500 is hereby imposed. On or before August 26, 1999, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $500. 4. A representative of the Licensee must meet with the Public Safety Director on or before August 26, 1999 and present to the Public Safety Director the Licensee's plans to ensure that future violations of this nature will not occur. of July 1999. ATTEST:. 1/\ ~ f?f-~~ Thomas P. Ferber, City Clerk