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<br />. <br /> <br />. <br /> <br />. <br /> <br />RESOLUTION NO. <br /> <br />RESOLUTION AND CONSENT ORDER <br />IMPOSING CIVIL PENALTY <br /> <br />WHEREAS, the city of New Brighton (the "City") has issued licenses for the sale of <br />alcoholic beverages to Barley John's, Inc., dba Barley John's Brewpub (the "Licensee"); and <br /> <br />WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on <br />November 9,2005, specifically, sale of alcoholic beverages to a person under the age of21 by an <br />employee of Licensee in violation of Minnesota Statutes, ~ 340A.503, Subd. 2 (1) (the <br />"Violation"); and <br /> <br />WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and <br /> <br />WHEREAS, the City Council regards such activities as very serious matters warranting <br />the sanctions hereinafter set forth; and <br /> <br />WHEREAS, the Licensee has, to date, maintained a liquor establishment that has been <br />relatively free of criminal activity relating directly to the sale of alcohol other than one prior sale <br />of an alcoholic beverage to a minor within the last twenty-four months; and <br /> <br />WHEREAS, the Licensee has been generally cooperative in the investigation of this <br />matter, has demonstrated a willingness and desire to work with City staff in resolving this matter <br />without putting the City to the expense of an administrative hearing, has expressed an <br />understanding of the seriousness of the offenses, and has committed to ensuring that such <br />offenses do not recur; and <br /> <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 /> <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 /> <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 Two Thousand Dollars ($2,000); and <br /> <br />CLL-261238vl <br />NE136-21 <br />