90-7680R41
CITY OF RICHFIELD
RESOLUTION NO. 7680
RESOLUTION SUSPENDING
NON-INTOXICATING. MALT LIQUOR LICENCE
AND AUTHORIZING EXECUTION OF STIPULATION
(SANDY'S TAVERN - 6612 PENN AVE. SO.)
WHEREAS, a license permitting the on-sale sale of non-intoxicating malt
liquor for the calendar year 1990 were approved by this Council on February 26,
1990; and
WHEREAS, upon proper and sufficient notice this Council has considered the
proposed discipline of said license based upon an alleged illegal sale to a minor on
or about March 27, 1990; and
WHEREAS, the Council finds that substantial and unrebutted evidence
establishes that such sale was, in fact, made; and
WHEREAS, such sales subject the license issued to Sandy's Tavern to
discipline; and
WHEREAS, the Council has been presented with a proposed stipulation
("Stipulation"), is familiar with its contents and has received the recommendation
of staff that such be approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
1. Subject to the provisions of paragraph 2 below, such 1990 on-sale license are
hereby disciplined in the manner provided in the stipulation.
2. The Stipulation is hereby approved and the Mayor and City Manager are
hereby directed to execute same on behalf of the City. Once executed, the
provisions of the Stipulation shall govern the terms and conditions of the
discipline authorized by paragraph 1 above.
Resolution No. 7680
Passed and adopted by the City (Council of the City of Richfield, Minnesota,
this 26th day of November, 1990.
CITY OF RICHFIELD
J.
ATTEST:
~~
Thomas P. Ferber, City
2
i
Resolution i(~o. 7680
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STIPULATION
.19th November
TI3I5 AGREEMENT made and entered into as of the xt.day of , 1990,
by and between the City of Richfield, a Minnesota munIeipal corporation
(hereinafter "City's and Jeffrey and Debca Erickson, d/bla Sandy's Tavern, 6812
Penn Avenue South, Richfield, Minnesota, (hereinafter "Licensee"}.
BACKGROUND
1. Licensee oQerates a restaurant located at 6812 Penn Avenue South,
• Richfield, Minnesota.
2. In conjunction with the restaurant operations licensee holds a license
permitting the on-sale sale of non-intoxicating malt liquor. The license was
`~~ 19'C and b its terms exgires at
issued by the City on ~ ~ y
the end of 1990.
3. Pending before the City Council is the proposed discIpiine of Licensee based
upon an aileged'sale of non-intoxicating malt liquor to a person under the
age of 21 years.
4. Representatives o€ the Richfield Department of Public Safety have met
with the Licensee and Licensee's attorney for the purpose of discussing the
allegations and a possible disposition of the matter.
STIPULATION
Based upon the foregoing, it is hereby stipulated and agreed by and between.
the parties as Follows:
1. The City hereby imposes upon Licensee and Licensee hereby accepts a TWO
DAY suspension of Licensee's 199Q on-sale non-Intoxicating malt liquor
license.
_ ......
Resolution No. 7680
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Z. Said suspension shall occur on two consecutive business days and shall begin
December 23
not later than ~]~g9DA~ ~ 1, 90. Licensee shall notify the Department of
Public Safety of the actual be~inning date of the suspension geriod not later
than two days prior to such aettzal beginning date.
3. By accepting the above-descr~~ibed discipline, Licensee specifically waives
and releases any claims which lit may have,. for any reason, to challenge the
actions of the City which are ~he subject of this Stipulation, or to challenge
the f lndings of the City Council regarding the alleged illegal sale of
alcoholic beverages to a person ~:nder 21 years of age; provided, however,
that this waiver and release shall not be construed in any way to constitute
an admission by Licensee rega~~rding such sale, may not be introduced in any
criminal proceeding as evade~ce of an admission, and shall nat preclude
Licensee, in any such criminal proceedings, from imposing any defense
including, but not limited to s',denial that such sale occurred.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed as of the day and year first above written.
CITY OF RICHFIELD
13y
lts.'City Manager
~~./ /'
' ' `' Jeffrey Erickson
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j'Aebra Erickso y
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