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<br />.2. Respondent agrees to waive its right to have a hearing on these violations <br />pursuant to Ramsey City Code Section 7.51.23. subd. 2 in exchange for the disposition of this <br />matter as described herein. <br /> <br />3. Pursuant to City Code Section 7.51.22.b., the Respondent's 3.2 percent malt <br />liquor off-sale license shall be suspended for one (1) day which suspension day shall be February <br />16, 2009 during which day Respondent is prohibited from selling any 3.2 percent malt liquor. <br /> <br />4. Pursuant to City Code Section 7.52.23, Respondent shall pay a civil penalty of <br />$500.00. Said $500.00 shall be paid in two $250.00 installments on February 16, 2009 and <br />February 23, 2009. The said payments shall be paid in check by Respondent at the Ramsey <br />Municipal Center, 7550 Sunwood Drive NW, Ramsey, MN 55303. <br /> <br />5. That any default by Respondent in the terms of this Agreement shall result in the <br />City scheduling a hearing to consider further penalties pursuant to City Code Section 7.51. <br /> <br />6. Respondent acknowledges that it has had adequate opportunity to consult with <br />independent legal counsel in connection with the foregoing and that they understand fully-every <br />provision herein. <br /> <br />7. This Settlement Agreement shall be governed by and construed in accordance <br />with the laws of the State of Minnesota. <br /> <br />8. The above represents the entire agreement of the parties. <br /> <br />WITNESS, the hands of the undersigned this _ day of February, 2009. <br /> <br />SUNFISH EXPRESS, INe. <br /> <br />By: <br />Frank Yamoutpour, President <br /> <br />CITY OF RAMSEY <br /> <br />By: <br />Bob Ramsey, Mayor <br /> <br />ATTEST: <br /> <br />By: <br />Kurt G. Ulrich, City Administrator <br /> <br />-2- <br /> <br />-19- <br />