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 I has established by a preponderance of the evidenc~ that an illegal tobacco sale occurred at JR's Saloon & Food in violation of the Ramsey Ordi,qance. Pursuant to Ramsey Ordinance #98-02, section 13b, if a licensee is found to have sold tobacco to a person under the age of 18 years, the city council "shall impose a civil fine of $500 and/or suspend for a period of ten days." The City is requesting that a fine of $500 be assessed against JR's Saloon & Food as an administrative civil penalty for the violation of the ordinance. The manager objects to the amount of the fine provided by the ordinance for a first violation. The manager put forth evidence at the hearing that all employees are required to attend training on the laws and regulations regarding the sale of tobacco products. Specifically, the manager testified that in an attempt to deter minors from entering the facility, management 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. Given these good faith efforts to comply with the ordinance, .the manager contends that it is inappropriate' to assess a penalty for a one-time employee mistake. The bartender's violation of sections 6 and 11 of Ramsey Ordinance #98-02 provides sufficient basis for the imposition of adverse action against the Licensee's cigarette sales license. The Administrative Law Judge recommends that when determining the penalty to be imposed, the City Council take into consideration the fact that the Licensee has no history of violations and has made a sincere effort to train her employees regarding the requirements of the tobacco sales ordinance. The language of section 13b directs the City Council to impose a $500 fine and/or suspend the licensee's license for ten days for a first violation of the ordinance. The canons of statutory construction provide that "shall" is mandator¢. Therefore, the plain language of the ordinance indicates that either a $500 fine or a ten day suspension, or both, is required. The Administrative Law Judge respectfully recommends that adverse action be taken against the cigarette sales license held by Dolores Gilbertson, owner of JR's Saloon & Food. The Judge further recommends that the City Council not suspend the Licensee's license and urges the City Council to impose only the $500 fine. P.A.R.~ Minn. Stat. § 645.44, subd. 16 (1998). 6