Agenda - Council - 03/23/1999 - Laserfiche WebLink

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I I I I I ! I I I i I I I I I I I I I Based on all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. The Licensee, Dolores Gilbertson, is president and owner of JR's Saloon & Food, a retail business selling liquor and tobacco products located at 6141 Highway 10 N.W., Ramsey, Minnesota. (City's Ex. 2) Ms. Gilbertson holds a cigarette sales license from the City of Ramsey. (City's 3. Mr. Gilbertson is the manager of JR's Saloon & Food. As the manager, he requires mandatory annual training for employees on the laws governing the sale of tobacco products and how to handle situations where minors enter the facility and attempt to purchase cigarettes or alcohol. Also addressed in the employee-training program are the requirements of the City's Tobacco Ordinance. The training is conducted by Bob Pomplan for insurance purposes. (Heating Transcript, pp. 49-51) 4. In an effort to deter minors from entering the establishment, the manager has posted two warning signs stating that if an individual is in the establishment and is not of legal age or accompanied by an adult, that individual is subject to illegal trespass and can be prosecuted. (Hearing Transcript, p. 53) 5. On April 30, 1998, City of Ramsey police officer J.effrey R. Arneson, Ramsey Public Safety Aide, Lod Swadner, and two minors conducted "'compliauce checks" of licensed cigarette sellers in the City. JR's Saloon & Food was the subject of one of the compliance checks. The purpose of compliance checks is to assess the current sale of tobacco to underage youth in Minnesota by having a minor, working with the City Police Department, attempt to purchase tobacco products. (Hearing Transcript, pp. 15-17). 6. Prior to conducting the compliance checks, the Ramsey City Police Department located a minor to serve as a decoy or "checker" and obtained the written permission of the minor's parent to participate in the compliance checks. The checkers were trained by the City to follow general compliance check procedures. (City's Exs. 7, 8; Hearing Transcript, p. 9). 7. Lydia Watkins was one of the minors working as a decoy or "checker" for the Ramsey City Police Department on April 30, 1998. Ms. Watkins' date of birth is October 24, 1981.' Ms. Watkins was 16 years old on April 30, 1998. The other minor "checked' was Courtney Marshall. Her date of birth is May 28, 1982. Ms. Marshall was 15 years old On April 30, 1998. (Hearing Transcript, p. 15). 8. Prior to arriving at JR's Saloon & Food,.0fficer Arneson met the checkers and discussed the procedure that was to be followed: (Hearing Transcript, p.15) Before departing for the establishment, Public Safety Aide, Lori Swadner, conducted a pat-down