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10. Based on this violation of the ordinance, the Ramsey City Council is authorized <br />to take adverse action against JR's Saloon & Food's license pursuant to Ramsey <br />Ordinance #98-02, section 13b. <br /> <br />11. The costs of the hearing should not be assessed against the Licensee. <br /> <br /> 12. The foregoing Conclusions are made for the reasons set forth in the attached <br />Memorandum, which is hereby incorporated in these Conclusions by reference. <br /> <br /> Based upon the foregoing Conclusions, the Administrative Law Judge makes the <br />following: <br /> <br />RECOMMENDATION <br /> <br /> iT IS HEREBY RESPECTFULLY RECOMMENDED: that the Ramsey City Council <br />take adverse action against the cigarette sales license held by Dolores Gilbertson, owner <br />of dR's Saloon & Food, in the form oi: a $500 fine. <br /> <br />Dated this <br /> <br />//¢ day of March, 1999 <br /> <br />PHYLEIS A. REHA <br /> <br />Administrative Law Judge <br /> <br />NOTICE <br /> <br /> The City is respectfully requested to provide a copy of its final decision to the <br />Administrative Law Judge by first class mail. <br /> <br />Reported: Transcribed from tape (69 pages) <br />Transcript Prepared By: <br />Brennan & Associates <br /> <br /> MEMORANDLIM <br /> <br /> There is no dispute about the underlying facts in this matter. On April 30, 1998, a <br />clerk at JR's Saloon & Food sold a package of cigarettes to a minor who was assisting the <br />Ramsey City Police Department in a "compliance check" of licensed cigarette sellers. The <br />sale was.made in violation of Ramsey Ordinance #98-02, which prohibits the sale of <br />tobacco products to persons under the age of t8 years. Pursuant to the ordinance, alt <br />licensees are responsible for the actions of their employees, and a sale of tobacco by an <br />employee is considered to be a sale by the licensee~. The manager admits that an <br />employee sold cigarettes to a minor at his store on April 30, 1998. Consequently, the City <br /> <br />~ Ramsey Ordinance #98-02, section 9. <br /> <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 /> <br />