05-9590r
190
RESOLUTION NO. 9590
RESOLUTION SUSPENDING THE CLUB ON-SALE AND SUNDAY LIQUOR LICENSES
FOR FRED BABCOCK, V.F.W., POST NO. 5555, INC., d/b/a FOUR NICKELS FOOD
AND DRINK, 6715 LAKESHORE DRIVE; AND IMPOSING A CIVIL PENALTY FOR
FIRST TIME ALCOHOL COMPLIANCE FAILURE
WHEREAS, Fred Babcock, V.F.W., Post No. 5555, Inc., d/b/a Four Nickels Food
and Drink, (Licensee") holds Club On-Sale and Sunday Liquor licenses 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.
WHEREAS, this is technically their third failed alcohol compliance check but
because of the time elapsed between now and the previous failures, it serves as a first.
Their previous penalties were imposed by the Council at the October 11, 1999 and the
September 25, 2000 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 On-Sale Intoxicating and Sunday Liquor licenses are 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 Fepruary 2005.
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Martin J. Kirsch, ayor
ATTEST:
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