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<br />STATE OF MINNESOTA <br /> <br />CITY OF RAMSEY <br /> <br />IN THE MATTER OF THE <br />CITY OF RAMSEY, <br />ANOKA COUNTY, MINNESOTA, <br /> <br />Petitioner, <br /> <br />ADMINISTRATIVE <br />SETTLEMENT <br />AGREMENT <br /> <br />vs. <br /> <br />Case No. 08-238992 <br /> <br />SUNFISH EXPRESS, INC., <br />a Minnesota corporation. <br /> <br />Respondent. <br /> <br />WHEREAS, Respondent has been issued a tobacco sale license by the City of Ramsey <br />pursuant to Ramsey City Code Section 7.93. <br /> <br />WHEREAS, Ramsey City Code Section 7.93.06 states that it is a violation of the City <br />Code to sell tobacco to any person under the age of eighteen (18) years of age. <br /> <br />WHEREAS, Respondent admits that it is in violation of Ramsey City Code Section <br />7.93.06 as a result of its store clerk, David Allen Peterson, selling tobacco to a person under <br />eighteen (18) years of age on the licensed premises on October 2,2008. Mr. Peterson pled guilty <br />to a misdemeanor charge of sale of tobacco to a minor and paid a $150.00 fine. <br /> <br />WHEREAS, Ramsey City Code Section 7.93.09 provides that all licensees shall be <br />responsible for the actions of their employees in regard to the sale of tobacco on the licensed <br />premises, and the sale of such an item by an employee shall be considered a sale by the license <br />holder. <br /> <br />WHEREAS, the above violation represents the Respondent's first violation within a 12 <br />month period. Ramsey City Code Section 7.93 .13 (c) states that if a licensee or an employee of a <br />. licensee is found to have sold tobacco to a person under the age of 18 years, the licensee shall be <br />subject to a $500.00 fine and/or a license suspension for a period often days. <br /> <br />NOW, THEREFORE, it is agreed by and the parties hereto as follows: <br /> <br />1. Respondent admits that as a result of its employee's actions on October 2,2008, it <br />is in violation of City Code Section 7.93.06 and is subject to the penalties as provided in City <br />Code Section 7.93.13.a.1. <br /> <br />-16- <br />