05-9588r
188
RESOLUTION NO. 9588
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR LICENSE FOR RAINBOW FOODS, 140 EAST 66TH STREET SOUTH, AND
IMPOSING A CIVIL PENAL TV FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE
WHEREAS, Rainbow Foods, ("Licensee") holds an Off-Sale 3.2 Percent
Intoxicating Malt Liquor license from the City of Richfield; and
WHEREAS, on November 9, 2004 the City of Richfield Public Safety Department
conducted a compliance check of the Licensee's establishment; and, during the
compliance check, an employee of the Licensee sold alcohol to a minor and;
WHEREAS, this is technically their third failed alcohol compliance check but
because of the time that has elapsed between now and the previous failures, it serves as a
first failure. Their previous penalties were imposed by the Council at the October 11, 1999
and the July 23, 2002 meetings; and
WHEREAS, the Licensee appeared before the Richfield City Council on February
8, 2005 and admitted the violation and stipulated to the suspension and penalty imposed
by this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield
as follows:
1. The Licensee's Off-Sale 3.2 Percent Intoxicating Malt Liquor license is hereby
suspended for a period of five (5) consecutive days, commencing on a date to be
determined by the Public Safety Director, but to take place within 30 days of their
Council appearance.
2. A civil penalty of $1,000 is hereby imposed. On or before March 8, 2005, the Licensee
shall deliver a check or money order payable to the City of Richfield in the amount of
$1,000.
3. Meet with the Director of Public Safety by March 8, 2005 to present a written action
plan to ensure future compliance.
4. One staff member, preferably the manager, must attend an alcohol compliance and
sales awareness presentation conducted by a private firm, approved by Public Safety,
with all costs to be paid by the establishment.
Passed by the City Council of the City of Richfield this 8th ~a of February 2005.
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Martin J. Kirsch, Mayor
ATTEST: