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I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> 3. The City bears the burden in this matter of proving by a preponderance of the <br />evidence that adverse action is warranted with respect to the cigarette sales license at <br />issue. <br /> <br />4. Section 6 of Ramsey City Ordinance #98-02 provides, in part: <br /> <br />It shall be a violation of this ordinance for a~y person to sell or offer to sell <br />any tobacco, tobacco product, or tobacco related device: <br /> <br />a. To any person under the age of eighteen (18) years. <br /> <br />5. Section 9 of Ramsey City Ordinance #98-02 provides: <br /> <br />All licensees under this ordinance shall be responsible for the actions of their <br />employees in regard to the sale of tobacco, tobacco products, or tobacco <br />related devices on the licensed premises, and a sale of such an item by an <br />employee shall be considered a sale by the license holder. Nothing in this <br />section shall be construed as prohibiting the City of Ramsey from also <br />subjecting the clerk to whatever penalties are appropriate under this <br />ordinance, State or Federal law, or other applicable law or regulation. <br /> <br />6. Section 11 of Ramsey City Ordinance #98~02 provides, in part: <br />Subd. 1. Illegal Sales. <br /> <br /> It shall be a violation of this ordinance for any person to sell or <br /> otherwise provide any tobacco, tobacco product, or tobacco <br /> related device to any minor. <br /> <br />Section 13b of Ramsey City Ordinance #98-02 provides, in part: <br />Administrative Civil Penalties; Licensee. <br /> If a licensee or an employee of a licensee is found to have <br /> sold tobacco to a person under the age of 18 years, the <br /> licensee shall be subject to an administrative penalty as <br /> follows: <br /> <br /> First Violation: The city council shall impose a civil fine of $500. <br /> and/or suspend for a period of ten days. <br /> <br /> 8. The City has established by a preponderance of the evidence that a clerk at <br />JR's Saloon & Food sold a package of cigarettes to an individual under eighteen years of <br />age in violation of Ramsey Ordinance #98-02. The manager did not make any argument <br />to the contrary. <br /> <br /> 9. The April 30, 1998 sale of the cigarettes to Ms. Watkins was the Licensee's <br />first violation of Ramsey Ordinance #98-02. <br /> <br />4 <br /> <br /> <br />