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09-10213rRESOLUTION NO. 10213 RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT MALT LIQUOR LICENSE FOR SUPER AMERICA, 7720 NICOLLET AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Super America ("Licensee") holds an Off-Sale 3.2 Percent Malt Liquor License from the City of Richfield; and WHEREAS, on October 16, 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 their first alcohol compliance check failure; and WHEREAS, the Licensee appeared before the Richfield City Council on January 27, 2009 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 February 27, 2009, 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 Director of Public Safety by February 27, 2009 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 27th day of January 2009. ~, ~ ? ~ ` ~.~. Debbie Goettel, Mayor ATTEST: ~~~ Nancy Gibb ,City Clerk