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16-11298r RESOLUTION NO. 11298 RESOLUTION SUSPENDING THE LIQUOR LICENSE FOR THE NOODLE SHOP, CO. — COLORADO, INC. d/b/a NOODLES & COMPANY, 7630 LYNDALE AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, The Noodle Shop Co. Colorado, Inc. d/b/a Noodles & Company ("Licensee") holds an On Sale Wine and 3.2 Percent Malt Liquor licenses from the City of Richfield; and WHEREAS, on November 4, 2016 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. They did fail an alcohol compliance check on April 13, 2007, however due to the step back option, this is considered their first failure and: WHEREAS, the Licensee appeared before the Richfield City Council on December 13, 2016 and admitted the violation and stipulated to the penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: The Licensee's On Sale Wine and 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 after their Council appearance. 1. A civil penalty of$1,000 is hereby imposed. On or before January 13, 2017, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of$1,000. 2. Meet with the Director of Public Safety by January 13, 2017 to present a written action plan to ensure future compliance. 3. 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 13th day of December 2016. 0 Debbie Goettel, Mayor ATTEST: Cf Elizabeth VanHoose, City Clerk