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08-10111rRESOLUTION NO. 10111 RESOLUTION SUSPENDING THE CLUB ON-SALE AND SUNDAY LIQUOR LICENSES FOR FRED BABCOCK V.F.W., POST NO 5555, INC., D/B/A FOUR NICKELS FOOD AND DRINK, 6715 LAKE SHORE DRIVE; AND IMPOSING A CIVIL PENALTY FOR SECOND TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Fred Babcock, V.F.W. ("Licensee") holds a Club On-Sale and a Sunday 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 fifth compliance check failure; but because of the time that has elapsed between now and the previous failures, it serves as a second failure. Their previous failures were on July 15, 1999, August 8, 2000, November 9, 2004, and April 13, 2007 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 Club On-Sale and Sunday Liquor Licenses are hereby suspended for a period of seven (7) 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 $1,750 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 $1,750.. 3. Meet with the 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. ~_ Debbie Goettel, Mayor ATTEST: Nancy Gibb ,City Clerk