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05-9681r 281 RESOLUTION NO. 9681 RESOLUTION SUSPENDING THE ON-SALE INTOXICATING AND SUNDA V LIQUOR LICENSE FOR KHAN'S MONGOLIAN BARBEQUE, 500 EAST 78TH STREET AND IMPOSING A CIVIL PENAL TV FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Khan's Mongolian Barbeque ("Licensee") holds an On-Sale Intoxicating and Sunday Liquor license from the City of Richfield; and WHEREAS, on September, 30, 2005 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 second 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 September 10, 2001 meeting; and WHEREAS, the Licensee appeared before the Richfield City Council on November 22, 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 and Sunday 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 December 22, 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 December 22, 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 22nd dciy of November 2005. ATTEST: