90-7623R83
CITY OF RICHFIELD
RESOLUTION NO. ?623
RESOLUTION SUSPENDING WINE AND
NON-INTOXICATING MALT LIQUOR LICENCE
AND AUTHORIZING EXECUTION OF STIPULATION
(DAVANNI'S RESTAURANT -.2310 WEST 66TH STREET)
WHEREAS, licenses permitting the on-sale sale of wine and non-intoxicating
malt liquor for the calendar year 1990 were approved by this Council on
December 11, 1989; and
WHEREAS, upon proper and sufficient notice this Council has considered the
proposed discipline of said licenses based upon an alleged illegal sale to a minor on
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 to licenses issued to Davanni's 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 licenses
are hereby disciplined in the manner provided in the stipulation. (Exh.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.
3. The provisions contained in Resolution No. 7252 adopted by the Council on
November 10, 1986, remain in full force and effect; and are unaltered by
this action of the Council.
Resolution
Page 2
Passed and adopted by the City', Council of the City of Richfield, Minnesota,
this 14th day oY May, 1990.
ATTEST:
Resolution No. 7623 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 Davanni's Restaurant, 2310 West 66th Street, Richfield,
Minnesota, (hereinafter "Licensee").
BACKGROUND
1. Licensee operates a restaurant located at 2310 West 66th Street, Richfield,
Minnesota.
2. In conjunction with. the restaurant operations, licensee holds a license
permitting the on-sale sale of wine and non-intoxicating malt 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 an alleged sale of non-intoxicating malt liquor to persons 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 TWO
DAY suspension of Licensee's 1990 on-sale wine and non-intoxicating malt
liquor licenses.
Resolution No. 7623
Page 4
2. Said suspension shall occur on two consecutive business days and shall begin
not later than May 21, 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 discipline, Licensee specifically waives
and releases any claims which Flit 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 Coluncil regarding the .alleged illegal sale of
alcoholic beverages to a person 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 sale, may not be introduced in any
criminal proceeding as evidence of an admission, and shall not preclude
Licensee, in any such crimiriial proceedings, from imposing any defense
including, but not limited to a denial that such sale occurred.
IN WITNESS WHEREOF, the plarties have caused this Agreement to be duly
executed as of the day and year first above written.
CITY OF RICHF~LD
'' Its ayo
I
I s C ty Manager
DAVANNI'S RESTAURANT
By
Its
' By
', Attorney for Licensee