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RES 2021-56 Imposing a Civil Penalty and Othe Sanction on Kwik TripCITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2021-56 IMPOSING A CIVIL PENALTY AND OTHER SANCTIONS ON KWIK TRIP #162 WHEREAS, the Wright County Sheriff's Department, along with Wright County Public Health Staff, conducted alcohol compliance checks within the City of Otsego; and WHEREAS, Wright County has informed the City by letter that Kwil<Trip #162 failed the alcohol compliance check on July 20, 2021; and WHEREAS, Wright County Public Health, along with the State of Minnesota Department of Public Safety strongly recommends that the City issue a penalty to the license holder; and WHEREAS, that said violation is by ordinance the first liquor violation for Kwik Trip #162 as they have had no similar violations in the preceding two-year period; and WHEREAS, the City Council has authority granted to it under the provisions of Section 340A.415 of Minnesota Statutes to either revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions; and WHEREAS, the City has adopted guidelines for enforcement of said authority which are contained in Otsego City Code, Section 44-9 Enforcement and Penalties; Suspension and Revocation of License, and which call for a $1,000.00 fine and Best Practices Training for a first violation, subject to Council discretion; and WHEREAS, the City Council finds that the imposition of a civil penalty and required training is necessary to send a message to the liquor establishments located within the City of Otsego that said liquor establishments must prevent the sale of alcohol to minors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. The City does hereby impose a civil penalty upon Kwik Trip #162 in the amount of $1,000.00, payable immediately as well as mandatory Best Practices Training to be completed as soon as possible and reported back to the City. In the event that all of the sanctions imposed above are not complied with as directed, the matter will be brought back to the City Council for imposition of additional conditions or penalties. 2. That the ownership of Kwik Trip #162 is hereby directed to provide any and all additional training in proper alcohol sales to its staff in order to avoid further violations. 1 ADOPTED by the Otsego City Council this 9th day of August, 2021. MOTION BY: Moores SECOND BY: Darkenwald ALLINFAVOR* Stockamp, Dahl, Darkenwald, Goede, and Moores THOSE OPPOSED: none CITY OF OTSEGO BY: wq) Jessica` . Stockamp, Mayor ATTEST: Audra Etzel, City Clerk 2