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

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search of Ms. Watkins to verify that she did not have any tobacco products on her person. Ms. Watkins and Ms. Marshall entered JR's Saloon & Food and Ms. Watkins asked the bartender, Ms. Janet Bloch for a pack of Camel Lights cigarettes. (Headng Transcript, p. 36) Ms. Bloch did not ask Ms. Watkins for her age nor did she request to see Ms. Watkins' driver's license. (Hearing Transcript, p.37-38; City's Ex. 6) Ms. Bloch simply sold a pack of cigarettes to Ms. Watkins. (Hearing Transcript, pp. 36, 38) Ms. Watkins exited JR's Saloon & Food with the cigarettes and went to the car where Officer Arneson, Ms. Swadner, and the other minor were waiting. Ms. Watkins informed Officer Arneson of her tobacco purchase, and described the appearance r~f the store clerk who made the sale. Officer Arneson went into the store with the checl~er and Ms. Watkins pointed out the employee who sold the tobacco product to her. (Hearing Transcript, p. 11) Officer Ameson then wrote out a complaint citation charging Ms. Bloch with selling tobacco to a person under 18 years of age. (City Exs. 3 & 4) 9. On July 10, 1998, in Anoka County District Court, Ms. B[och pled guilty to the misdemeanor charge of selling tobacco to a minor. At her court appearance, Ms. Bloch admitted she sold cigarettes to a minor and explained that she was too busy to stop and ask for identification from Ms. Watkins. (Hearing Transcript, p.52) The Judge fined Ms. Block and JR's Saloon and Food paid the fine. (Hearing Transcript, p.55). 10. On December 15, 1998, the attorney for the City of Ramsey filed and served a Notice of and Order for Headng in this matter. 11. At the hearing, the manager admitted that an illegal sale of cigarettes to a minor occurred at his store. The manager mentioned, however, that this was a first time offense. He argued that he was under the impression that once the cdminal matter had concluded, JR's Saloon and Food was finished with this issue and nothing more would come from it. (Hearing Transcript, pp. 54-56) 12. The City of Ramsey made no recommendation as to whether a fine of $500 or a 10-clay license revocation should be invoked for JR's Saloon & Food's violation of the City ordinance. (Headng Transcript, p.66) The amount of the fine and penalty is based on Ramsey Ordinance #98-02, section 13b. Based upon the foregoing Findings of Fact, the Administrative LaW Judge makes the following: CONCLUSIONS 1. · The Ramsey City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55, 461.12, 46'1.19, and Ramsey Ordinance #98-02, section 12. 2. The Notice of Hearing issued by the City was proper and all applicable substantive and procedural requirements have been fulfilled.