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08-73CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2008- 73 RESOLUTION IMPOSING A CIVIL PENALTY ON RIVERVIEW LIQUORETTE 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 Riverview Liquorette failed the alcohol compliance check; 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 the third liquor violation for Riverview Liquorette within the last five years; 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 7-3-11 Suspension and Revocation, and which call for a $2,000.00 fine, Best Practices Training and fourteen (14) day license suspension for a third violation within five years, and WHEREAS, the City has, on this date, revised said guidelines in light of information and testimony provided by staff and interested business owners and has therefore adjusted the proposed penalty on Riverview Liquorette to comply more closely with the newly adopted guidelines; and WHEREAS, the City Council finds that the imposition of a civil penalty 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, Wright County, Minnesota that it does hereby impose a civil penalty upon Riverview Liquorette in the amount of $ 2,000.00, 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. BE IT FURTHER RESOLVED by the Otsego City Council that the ownership of Riverview Liquorette is hereby directed to provide any and all additional training in proper alcohol sales to its staff in order to avoid further violations. ADOPTED this 8h day of December, 2008 IN FAVOR: Stockamp, Heidner, Darkenwald and Scharber and Thorsted OPPOSED: NONE ,. _. i . , �1 SII ► /1► 2 CITY OF OTSEGO I