90-7612RRESOLUTION NO. 7612
RESOLUTION GRANTING 1990 NON-INTOXICATING
MALT LIQUOR LICENSE TO THE FRENCHMAN'S TAVERN,
1400 EAST 66TH STREET, SUSPENDING THE SAME
FOR FOUR DAYS AND AUTHORIZING
EXECUTION OF STIPULATION
WHEREAS, an application has been duly received by the
Frenchman's Tavern for a 1990 on-sale non-intoxicating malt
liquor license for the premises located at 1400 East 66th Street;
and
WHEREAS, the appication has been reviewed by the various
appropriate departments of the City, and the recommendations of
such departments have been received and considered by the City
Council; and
WHEREAS, upon proper and sufficient notice this Council has
considered the proposed suspension of The Frenchman's Tavern's
non-intoxicating malt liquor license based upon an alleged
illegal sale to a minor on January 5, 1990, and. another illegal
sale to a minor on January 26, 1990; and
WHEREAS, the Council finds that substantial and unrebutted
evidence establishes that such sales were, in fact, made; and
WHEREAS, such sales subject The Frenchman'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. The application of The Frenchman's Tavern for a 1990
on-sale non-intoxicating malt liquor is hereby approved.
2. Subject to -the provisions of paragraph 3 above, such
1990 on-sale non-intoxicating malt liquor license is
hereby suspended for a period of four business days.
3. 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 suspension authorized by paragraph 2 above.
Passed and adopted by the City Council of the Cit o
Richfield, Minnesota, this 12th day of March~1990. f
Qu~Cm% Mayor
ATTEST:
~~ o
Thomas P. Ferber City Clerk
..~._<'
Resolution No. 7612
STIPULATION
THIS AGREEMENT made and entered into as of the 12th day of March,
1990, by and between the City of Richfield, a Minnesota municipal corporation
(hereinafter "City") and The Frenchman's Tavern, by and through its proprietor,
Charles Cordray (hereinafter "Licensee").
BACKGROUND
1. Licensee is a restaurant located at 1400 East 66th Street, Richfield,
Minnesota.
2. In conjunction with the restaurant operations, licensee holds a temporary
license permitting the on-sale sale of non-intoxicating malt liquor. The
license was issued by the City on February 26, 1990, and by its terms expires
at the end of March 12, 1990.
3. Licensee has made application for a 1990 on-sale non-intoxicating malt
liquor license.
4. Also pending before the City Council is the proposed discipline of Licensee
based upon two alleged sales of non-intoxicating malt liquor to persons
under the age of 21 years.
5. Representatives of 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
FOIIR DAY suspension of Licensee's 1990 on-sale non-intoxicating malt
liquor license.
Resolution No. 7612
2. Said suspension shall occur on Your consecutive business days and shall begin
not later than March 19, 1990. Licensee shall notify the Department of
Public Safety of the actual beginning date of the suspension period not later
than two days prior to such actual beginning date.
3. BY accepting the above-described suspension, Licensee specifically waives
and releases any claims which it may have, for any reason, to challenge the
actions of the City which are the subject of this Stipulation, or to challenge
the findings of the City Counc~ regarding the alleged illegal sales of non-
intoxicating malt liquor to persons under 21 years of age; provided, however,
that this waiver and release shall not be construed in any way to constitute
an admission by Licensee regarding such sales, may not be introduced in any
criminal proceeding as evidence of an admission, and shall not preclude
Licensee, in any such criminal proceedings, from imposing any defense
including, but not limited to a denial that such sales occurred.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed as of the day and year first above written.
RC160-006
CITY OF RICHFIELD /~
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Its _ ayor
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I s i y Manager
THE NCHMAN'S TAVERN
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Its Owner ~"'`'
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lay
A orney for Licensee
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