90-7621R81
CITY OF RICHFIELD
RESOLUTION NO. ?621
RESOLUTION RELATING TO DISCIPLINE
OF LICENSE AND AUTHORIZING
EXECUTION OF STIPULATION
(CONSUL RESTAURANT CORPORATION)
Chi Chi's ~1exican Restaurante
7717 Nicollet Avenue South
WHEREAS, a license permitting the on-sale sale of intoxicating liquor for
calendar year 1990 was approved by this Council on December 11, 1989; and
WHEREAS, upon proper and sufficient notice this Council has considered the
proposed discipline of such license based upon alleged illegal sales to a minor on
March 22, 1990; and
WHEREAS, the Council finds that there is evidence to suggest that such
alleged sales were, in fact, made, and for purposes solely of this civil matter,
Consul Restaurant Corporation has agreed not to challenge said finding; and
WHEREAS, such alleged sales subject the on-sale intoxicating liquor license
held by Consul Restaurant Corporation 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 is
hereby disciplined in the manner provided in the stipulation. (Ex%hi;bi;t A)
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. 7621
Page 2
Passed and adopted by the C
this 14th day of May, 1990.
ATTEST:
~--~
Thomas P. Ferber, City Clerk
Council of the City of Richfield, Minnesota,
Resolution No. 7621 EXHIBIT A
Page 3
STIPULATION
THIS AGREEMENT made and entered into as of the 14th day of May, 1990,
by and between the City of Richfield, a Minnesota municipal corporation
(hereinafter "City") and Consul Restaurant Corporation, (hereinafter."Licensee").
BACKGROUND
1. Licensee operates a restaurant located at 7717 Nicollet Ave. S., Richfield,
Minnesota.
2. In conjunction with the restaurant operations, licensee holds a license
permitting the on-sale sale of intoxicating liquor. The license was issued by
the City on January 1, 1990, and by its terms expires at the end of 1990.
3. Pending before the City Council is the proposed discipline of Licensee's
license based upon alleged sales of alcoholic beverages to a person under
the age of 21 years.
4. Representatives of the Richfield Department of Publie 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 civil
fine of $6,000.
2. Such fine shall be paid in full not later than June 1, 1990.
3. By accepting the above-described discipline, Licensee specifically waives
and releases any claims which it may have, for any reason, to challenge the
Resolution No. 7621
Page 4
actions of the City which are
the findings of the City C<
alcoholic beverages to a pers
that this waiver and release s
an admission by Licensee regE
criminal proceeding as evide
Licensee, in any such crimi
including, but not limited to a
IN WITNESS WHEREOF, the ~
executed as of the day and year first
ie subject of this Stipulation, or to challenge
Heil regarding the alleged illegal sales of
i under 21 years of age;. provided, however,
ill not be construed in any way to constitute
ling such sales, may not be introduced in any
:e of an admission, and shall not preclude
~l proceedings, from imposing any defense
enial that such sales occurred.
rties have caused this Agreement to be duly
Bove written.
CITY OF RICHFIELD
sy .
Its M yor
r
By ,,~.
It Cit Manager
CONSUL RESTAURANT CORPORATION
sy
Its
sy
Attorney for Licensee