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CASE <br /> <br /> ADMINISTRATIVE HEARING RELATING TO <br /> TOBACCO COMPLIANCE CHECK: <br /> CITY OF RAMSEY VS. M&L COUNTRY LIQUORS <br />By: Police Chief David Gustafson and City Attorney William Goodrich <br /> <br />Background: <br /> <br />An administrative haring was conducted on January 15, 1999, before Administrative Law Judge <br />Phyllis Reha in order to determine findings of fact, conclusions and recommendation by the <br />Judge. <br /> <br />The primary issue was whether there was a violation of Ramsey Ordinance #98-02 on April 30, <br />1998, when a city-wide check was conducted by the Ramsey Police Department to identify <br />licensed tobacco retailers whose establishments sold tobacco products to a minor during that <br />operation. <br /> <br />Among the significant findings of fact: <br />· That prior to April 30, 1998, the licensee had conducted employee training in an attempt to <br /> deter such sales to minors. <br />· That prior to April 30, 1998, the licensee had posted materials within the establishment in an <br /> attempt to deter such sales. <br />· That an employee of the licensee was convicted in District Court on May 27, 1998, for <br /> selling tobacco products to a minor on April 30, 1998, during the tobacco compliance check. <br />· That the City prosecutor made no recommendation to the Administrative Law judge during <br /> the hearing as to whether a fine or revocation should be invoked for the licensee. <br /> <br />Among the significant conclusions: <br />· That the April 30, 1998 sale to a minor was the licensee's first violation of Ramsey <br /> Ordinance #98-02. <br />· That Section 13b of Ramsey Ordinance #98-02 provides in part: "a fine of $500.00 and/or <br /> suspend the license for a period often days for the first violation." <br /> <br />The Judge's Memorandum outlines the totality of the circumstances, renders a legal opinion as to <br />the meaning of the language in Section 13b or Ramsey Ordinance #98-02, urges the Council to <br />take certain mitigating circumstances into consideration, and in conclusion, recommends that <br />adverse action be taken against the licensee by imposing a $500 fine and not to suspend the <br />license. <br /> <br />Council Action: <br /> <br />Motion to impose a $500 administrative fine to M&L Country Liquors per Administrative Law <br />Judge Reha's recommendation. <br /> <br />Reviewed by: <br />City Attorney <br />Police Chief <br />CC: 03/23/99 <br /> <br /> <br />