05-9591r
191
RESOLUTION NO. 9591
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR LICENSE FOR KWIK WAY FOODS, 7701 PORTLAND AVENUE SOUTH, AND;
IMPOSING A CIVIL PENALTY FOR SECOND TIME ALCOHOL COMPLIANCE
FAILURE
WHEREAS, Kwik Way 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.
WHEREAS, this is technically their fourth failed alcohol compliance check but
because of the time elapsed between now and the previous failures, it serves as a second.
Their previous penalties were imposed by the Council at the April 26, 1999, July 23, 2002
and March 23, 2004 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 seven (7) 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 $1,750 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
$1,750.
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 offFe~brU~rY 20~5.
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Martin J. Kirsch,~or
ATTEST: