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CCP 12-11-2012
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CCP 12-11-2012
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RESOLUTION NO. <br /> RESOLUTION AND CONSENT ORDER <br /> IMPOSING CIVIL PENALTY <br /> WHEREAS, the city of New Brighton (the "City") has issued licenses for the sale of <br /> alcoholic beverages to Glory Days Sports Bar and Grill, (the "Licensee"); and <br /> WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on May <br /> 21, 2012, specifically, sale of alcoholic beverages to a person under the age of 21 by an employee <br /> of Licensee in violation of Minnesota Statutes, § 340A.503, Subd. 2 (1) (the "Violation"); and <br /> WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and <br /> WHEREAS, the City Council regards such activities as very serious matters warranting <br /> the sanctions hereinafter set forth; and <br /> WHEREAS, the Licensee has, to date, maintained a liquor establishment that has been <br /> free of criminal activity relating directly to the sale of alcohol; and <br /> WHEREAS, the Licensee has been cooperative in the investigation of this matter, has <br /> demonstrated a willingness and desire to work with City staff in resolving this matter without <br /> putting the City to the expense of an administrative hearing, has expressed an understanding of <br /> the seriousness of the offenses, and has committed to ensuring that such offenses do not recur; <br /> and <br /> WHEREAS, Licensee has identified personnel policies and training, operational <br /> practices, and other means intended to minimize or eliminate such violations in the future and to <br /> assure a safe, responsible and lawful liquor operation, which have been set forth in written <br /> policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment <br /> One, and hereby made a part hereof(hereinafter the "Policies and Procedures"); and <br /> WHEREAS, Licensee has represented, and by execution of a copy of this consent order <br /> agreed, that it will faithfully and fully comply with all of the Policies and Procedures set forth in <br /> Attachment One; and <br /> WHEREAS, on the basis of such representation and agreement by Licensee and assuming <br /> continuing compliance therewith, the City is willing to limit sanctions for the Violation to a civil <br /> penalty in the amount of One Thousand Dollars ($1,000); and <br /> WHEREAS, were it not for such representation and agreement of continuing compliance <br /> with the Policies and Procedures by Licensee, the City would not be willing to so limit sanctions <br /> and is doing so solely on the basis of such representation and agreements of Licensee and on the <br /> CLL-261238v1 1 <br /> NE136-21 <br />
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