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WHEREAS, were it not for such representation and agreement of continuing compliance the Policies and Procedures by Licensee, the City would not be willing to so limit sanctions s doing so solely on the basis of such representation and agreements of Licensee and on the of the agreement by Licensee that the matter of the sanctions to be imposed for the ition may be reopened and reconsidered, pursuant to Minnesota Statutes, § 340A.415, in the Licensee fails to comply fully with all of the Policies and Procedures at any time during the (3) year period following the date of this Resolution, all as hereinafter provided; and WHEREAS, the Council has determined that this Consent Order, resolving issues relating toc ions to be imposed by reason of the above-described violation is reasonable, necessary andi the best interests of the public; and WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a g thereon and to pay the civil penalty hereinafter described, for the consideration set forth . The Licensee acknowledges and agrees that it freely executed this agreement, without of criminal prosecution,- for the purpose of avoiding a public hearing and resolving issues g to sanctions to be imposed by the City as the licensing authority, pursuant to Minn. Stat. x.415. ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE COUNCIL ORDERS AND AGREES AS FOLLOWS: 1. The Licensee will pay to the City Finance Director, within ten days of receipt of notification of approval of this Consent Order by the City Council, the sum of One ad Dollars ($1,000). 2. The Licensee waives a written statement of charges, notice of hearing and hearing to "ch it is entitled by Minn. Stat. § 340A.415. 3. The Licensee admits the occurrence of the Violation. 1 4. The City will impose, as the sole civil sanction for the Violation, a civil penalty in themount of $1,000 payable as set forth in paragraph 1 hereof. This agreement shall not limit the r ght of the City to pursue civil remedies or to take any action with respect to the license that is a L thorized by state law. or City Code for any activity to which this agreement does not speq#ically apply and that is a violation of state law or City Code. 5. Except as provided in paragraph 6, in the event of future violations of state law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this agrecment. However, admissions of unlawful activity described herein may be taken into com, idcration in determining appropriate sanctions in any future cases. ' 6. In the event the City Council determines that Licensee has failed to comply fully wi a Policies and Procedures at any time during the three year period following the date of this esolution, Licensee agrees that the City may revoke or suspend the Licensee's license or 12380 2