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12-088
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12-088
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and JS doing so solely on the basis of such representation and agreements of Licensee and on the <br />basis of the agreement by Licensee that the matter of the sanctions to be imposed for the <br />Viol a tion may be reopened and reconsidered, pursuant to Minnesota Statutes, § 340A.415, in the <br />evert Licensee fails to comply fully with all of the Policies and Procedures at any time during the <br />thre 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 />to s ctions to be imposed by reason of the above-described violation is reasonable, necessary <br />and the best interests of the public; and <br />WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a <br />hear ig thereon and to pay the civil penalty hereinafter described, for the consideration set forth <br />here . The Licensee acknowledges and agrees that it freely executed this agreement, without <br />threal of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues <br />relatg to sanctions to be imposed by the City as the licensing authority, pursuant to Minn. Stat. <br />§ 34t.415. <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 />nd Dollars ($1,000). <br />2. The Licensee waives a written statement of charges, notice of hearing and hearing <br />tow i 'ch 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 ar iount of $1,000 payable as set forth in paragraph 1 hereof. This agreement shall not limit <br />theri t of the City to pursue civil remedies or to take any action with respect to the license that <br />is a horized by state law or City Code for any activity to which this agreement does not <br />spec scally 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 />City ode by Licensee, no additional penalty shall be imposed for unlawful activity covered by <br />this agreement. However, admissions of unlawful activity described herein may be taken into <br />consideration 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 />with the Policies and Procedures at any time during the three year period following the date of <br />this NTiolation, Licensee agrees that the City may revoke or suspend the Licensee's license or <br />impose civil penalties for the Violation pursuant to Minnesota Statutes, § 340A.415, provided the <br />CLL-2f238vl <br />NE13 1 <br />
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