90-7622R82
CITY OF RICHFIELD
RESOLUTION NO. 7622
RESOLUTION RELATING TO DISCPINE
OF LICENSE. AND AUTHORIZING
EXECUTION OF STIPULATION
(GROUND ROUND, INC. - 1500 EAST 78TH STREET)
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 said license based upon alleged illegal sales to a minor on
March 27, 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 1990 intoxicating liquor license issued to
Ground Round, Inc. 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. (Exhibit 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. 7622
Page 2
Passed and adopted by the
this 14th day of May, 1990.
ATTEST:
Thomas P. Ferber, City Clerk
Council of the City of Richfield, Minnesota,
EXHIBIT A
Resolution No. 7622
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 Ground Round, Inc. (hereinafter "Licensee").
BACKGROUND
1. Licensee operates a restaurant located at 1500 East 78th Street, 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 based
upon alleged sales of alcoholic beverages to a person under the age of 21
years.
4. 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 civil
fine of $3,000.
2. Such fine shall be paid in full not later than August 15, 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. 7622
Page 4
actions of the City which are the subject of this Stipulation, or to challenge
the findings of the City Council regarding the alleged illegal sale of
alcoholic beverages to a persoin under 21 years of age; provided, however,
that this waiver and release sh'lall not be construed in any way to constitute
an admission by Licensee regarding such sale, 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 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 ~
By ~ ~-
' Its a r
f
~~~ By
', is CXty Manager
i
', GROUND ROUND, INC.
By
Its
By
Attorney for Licensee