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05-9589r 189 RESOLUTION NO. 9589 RESOLUTION SUSPENDING THE OFF-SALE INTOXICATING MALT LIQUOR LICENSES FOR RICHFIELD MOBIL MART, 6744 PENN AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Richfield Mobil Mart, ("Licensee") holds an Off-Sale Intoxicating Malt Liquor license from the City of Richfield; and WHEREAS, on November 3, 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 fourth failed alcohol compliance check, but because of the time that has elapsed between now and the previous failures, it serves as a first failure. The previous penalties were imposed by the Council at the April 26, 1999, December 13, 1999 and the July 23,2002 meetings, and; WHEREAS, the Licensee appeared before the Richfield City Council on February 26, 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 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. Licensee will 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 day of February 2005. )') ~.-r' n \{ , f) j///Jt'//v0? ".:::..\. .~/'j Martin J. Kirsch,"Ma1or ATTEST: