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08-10060r RESOLUTION NO.1 0060 RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR GADA AUTO SERVICE, 7733 PORTLAND, AND IMPOSING A CIVIL PENALTY FOR SECOND TIME TOBACCO COMPLIANCE FAILURE WHEREAS, Gada Auto Service ("Licensee") holds a license to sell tobacco products within the City of Richfield; and WHEREAS, on November 1, 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 tobacco to a minor; and WHEREAS, this is technically their third failed tobacco compliance check; however, due to the step back option (two consecutive compliance check passes), it is considered their second offense; and WHEREAS, the Licensee appeared before the City Council on February 12, 2008 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 tobacco license is hereby suspended for a period of two (2) 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 $400 is hereby imposed. On or before March 12,2008, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $400. Passed by the City Council of the City of Richfield, Minnesota this 12th day of February, 2008. ~, r;;J!dI Debbie Goettel, Mayor ATTEST: ~~ Theresa Schyma, Deputy City Clerk