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08-110
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08-110
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11/7/2018 11:28:12 AM
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Isis of the agreement by Licensee that the matter of the sanctions to be imposed for the <br />iolation may be reopened and reconsidered, pursuant to Minnesota tatutes § 340A.415, in the <br />rent Licensee fails to comply fully with all of the Policies and Procedures at any time during the <br />ree (3) year period following the date of this Violation, all as hereinafter provided; and <br />WHEREAS, the Council has determined that this Consent Order, resolving issues relating <br />sanctions to be imposed by reason of the above-described violation is reasonable, necessary <br />I in the best interests of the public; and <br />WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a <br />g thereon and to pay the civil penalty hereinafter described, for the consideration set forth <br />. The Licensee acknowledges and agrees that it freely executed this agreement, without <br />of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues <br />g to sanctions to be imposed by the City as the licensing authority, pursuant to Minn. Stat. <br />L415. <br />ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE <br />COUNCIL ORDERS AND AGREES AS FOLLOWS: <br />1. The Licensee will pay to the City Finance. Director, within ten days of receipt of <br />notification of approval of this Consent Order by the City Council, the sum of One <br />id Dollars ($1,000). <br />2. The Licensee waives a written statement of charges, notice of hearing and hearing <br />h it is entitled by Minn. Stat. § 340A.415. <br />3. The Licensee admits the occurrence of the Violation. <br />4. The City will impose, as the sole civil sanction for the Violation, a civil penalty in <br />the amount of $1,000 payable as set forth in paragraph 1 hereof. This agreement shall not limit <br />the right of the City to pursue civil remedies or to take any action with respect to the license that <br />is uthorized by state law or City Code for any activity to which this agreement does not <br />sr fically apply and that is a violation of state law or City Code. <br />5. Except as provided in paragraph 6, in the event of future violations of state law or <br />Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by <br />agreement. However, admissions of unlawful activity described herein may be taken into <br />ideration in determining appropriate sanctions in any future cases. <br />6. In the event the City Council determines that Licensee has failed to comply fully <br />the Policies and Procedures at any time during the three year period following the date of <br />Violation, Licensee agrees that the City may revoke or suspend the Licensee's license or <br />)se civil penalties for the Violation pursuant to Minnesota Statutes, § 340A.415, provided the <br />penalty, including the penalty agreed to pursuant to paragraph l hereof, shall not exceed <br />ants authorized by law. <br />
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