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05-9592r 192 RESOLUTION NO. 9592 RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR LICENSE FOR SUPERAMERICA, 7720 NICOLLET AVENUE SOUTH, AND; IMPOSING A CIVIL PENALTY FOR SECOND TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, SuperAmerica (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, December 13, 1999, and March 23, 2003 meetings; and WHEREAS, the Licensee appeared before the Richfield City Council on February 8, 2005, 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 of Fe~uary 2005. / /' f\ !.i I (' i I i --)J>1H.lH:/~ r"",~ '\ j L) .. ~/ / / vl/Ii/lhl' "';'" ,t,/ A A .L) ([:/11 /' ,," l'~........_, i ~v~- ._- 1/ Martin J. Kirsch;...Mayor' ATTEST: