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P I RESOLUTION NO. 06-088 RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY EREAS, the city of New Brighton (the "City") has issued licenses for the sale of beverages to Barley John's, Inc., dba Barley John's Brewpub (the "Licensee"); and HEREAS, an illegal activity occurred on the licensed premises of the Licensee on r 9, 2005, specifically, sale of alcoholic beverages to a person under the age of 21 by an employ of Licensee in violation of Minnesota Statutes, S 340A.503, Subd. 2 (1) (the "Violati n"); and EREAS, the occurrence of the Violation is not disputed by the Licensee; and HEREAS, the City Council regards such activities as very serious matters warranting ons hereinafter set forth; and EREAS, the Licensee has, to date, maintained a liquor establishment that has been free of criminal activity relating directly to the sale of alcohol other than one prior sale holic beverage to a minor within the last twenty-four months; and HEREAS, the Licensee has been generally cooperative in the investigation of this as demonstrated a willingness and desire to work with City staff in resolving this matter putting the City to the expense of an administrative hearing, has expressed an ding of the seriousness of the offenses, and has committed to ensuring that such do not recur; and HEREAS, Licensee has identified personnel policies and training, operational , and other means intended to minimize or eliminate such violations in the future and to safe, responsible and lawful liquor operation, which have been set forth in written d procedures adopted by Licensee, a copy of which is attached hereto as Attachment hereby made a part hereof (hereinafter the "Policies and Procedures"); and HEREAS, Licensee has represented, and by execution of a copy of this consent order hat it will faithfully and fully comply with all of the Policies and Procedures set forth in ent One; and HEREAS, on the basis of such representation and agreement by Licensee and assuming contin . g compliance therewith, the City is willing to limit sanctions for the Violation to a civil penal n the amount of Two Thousand Dollars ($2,000); and CLL.2612 vi NE 136.2 1 1 ! '!