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08-10110rRESOLUTION NO. 10110 RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT MALT LIQUOR LICENSE FOR RICHFIELD U.S., 6744 PENN AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Richfield U.S. ("Licensee") holds aOff-Sale Malt Liquor license from the City of Richfield; and WHEREAS, on April 3, 2008 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 their fourth compliance check failure but because of the time that has elapsed between now and the previous failures, it serves as a first failure. Their previous failures were on July 16, 1999, November 19, 1999, and April 4, 2002; and WHEREAS, the Licensee appeared before the. Richfield City Council on June 24, 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 Off-Sale 3.2 percent Malt Liquor License is 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 July 24, 2008, 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 Acting Director of Public Safety by July 24, 2008 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 24th day of June, 2008. C Debbie Goettel, Mayor ATTEST: Nancy Gibb ,-City Clerk