90-7624R84
CITY OF RICHFIELD
RESOLUTION NO. 7624
RESOLUTION RELATING TO DISCIPLINE
OF LICENCE AND AUTHORIZING
EXECUTION OF STIPULATION
(RICHFIELD RESTAURANT ACQUISITION COMPANY}
Champps Sports Cafe
790 West 66th 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 of alcoholic
beverages to a minor on March 22, 1990; and
WHEREAS, the Council finds. there is evidence to suggest that such alleged
sales were, in fact, made and for purposes solely of this civil matter, Richfield
Restaurant Acquisition Company has agreed not to challenge such finding; and
WHEREAS, such alleged sales subject the on-sale intoxicating liquor license
held by Richfield Restaurant Acquisition Company 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. 7624
Page 2
Passed and adopted by the City Council of the City of Richfield, Minnesota,
this 14th day of May, 1990.
CITY OF RICHFIELD
n ~r.
ATTEST:
~.~~~~
Thomas P. Ferber, City C
Resolution No. 7624
Page 3
STIPULATION
EXHIBIT A
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 Richfield Restaurant Acquisition Co., (hereinafter
"Licensee").
BACKGROUND
1. Licensee operates a restaurant located at ?90 West 66th 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's
license based upon alleged sales of alcoholic beverages by certain employees
of Licensee to a person under the age of 21 years.
4. Representatives of the Richfield Department of Public Safety have met
with Licensee and Licensee's attorney for the purpose of discussing the
allegations and. a possible disposition of the matter. In that meeting,
Licensee detailed operational programs voluntarily undertaken to minimize
the likelihood of inadvertent service of alcoholic beverages to minors.
Licensee also related corporate policies prohibiting such. sales. The City
acknowledged the prior efforts and the expressed intentions of Licensee.
The City confirmed that no evidence existed that the alleged incidents were
other than isolated occurrences, or that Licensee in any way encouraged or
permitted an environment to exist that facilitated improper sales.
Resolution No. 7624
Page 4
5. At no time to entering into t
question the minor allegedly
of the City's allegations or tl
information, Licensee specific
by the allegations. Licensee
of compromising and settling
of civil or criminal liability.
s Stipulation has Licensee been permitted to
rued or to otherwise investigate the validity
propriety of its investigation. Lacking such
lly disaffirms the assertions made or inferred
ters into this Stipulation for the sole purpose
ie City's civil claim and not as an admission
Based upon the foregoing, it is 'Thereby 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 root later than June 1, 1990, or the date the
City Council approves of thisStigulation as the exclusive resolution to the
City's claim against Licensee's related to the matters contained in the
allegations,whiehever date is latter.
3. By accepting the above-deseri'Ibed discipline, Licensee specifically waives
and releases any claims which it may have, for any reason, to challenge the
actions of the City in the civil matter which is the subject of this
Stipulation, or to challenge the findings of the City Council regarding the
alleged illegal sales of alcoholic beverages to a person under 21 years of
age; provided, however, that II this waiver and release, and any related
resolution or action of the City or its Council, shall not be construed in any
way to constitute an admission by Licensee regarding such sales, may not be
introduced in any criminal p'roeeeding as evidence of an admission or
otherwise, and shall not preclude Licensee, in any such criminal proceedings,
Resolution No. 7624
Page 5
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.
CITY OF RICHFI
By
By
RICHLD RESTAURANT
ACQUISITION CO.
By
Its
By
Attorney for Licensee