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 FINDINGS OF FACT 1. The Licensee, John R. Nieswaag, owns and operates M&L Country Liquors, a retail business selling liquor and tobacco products located at 5900 167"~ Avenue N.W., Ramsey, Minnesota. Ex. 3). Mr. Nieswaag holds a cigarette sales license from the City of Ramsey. (City's 3. Mr. Nieswaag has provided training to his employees on the laws governing the sale of tobacco products and has discussed the requirements of the Ramsey tobacco ordinance at quarterly employee meetings. In addition, Mr. Nieswaag has posted a copy of the tobacco ordinance in a work area visible to his employees. (Testimony of Nieswaag; Respondent's Exs. 2b, 3). 4. On April 30, 1998, City of Ramsey police officer Jeffrey R. Arneson, Ramsey Public Safety Aide Laurie Swadner, and two minors conducted "compliance checks" of licensed cigarette sellers in Ramsey including M&L Country Liquors. The purpose of compliance checks is to assess the current sale of tobacco to underage youth in Minnesota by having a minor, working with the city police department, attempt to purchase tobacco products. (City Ex. 9). 5. Prior to conducting the compliance checks, the Ramsey City police department located a minor to serve as a decoy or "checker" and obtained the written permission of the minor's parent to participate in the compliance checks. (City's Exs. 9, 10). 6. Lydia Watkins was one of the minors working as a decoy or "checker" for the Ramsey City police department on April 30, 1998. Ms. Watkins' date of birth is October 24, 1981. Ms. Watkins was 16 years old on April 30, 1998. (Testimony of Watkins; Ex. 1). 7. Prior to entering M&L Country Liquors, Public Safety Aide Swadner conducted a pat-down search of Ms. Watkins to verify that she did not have any tobacco products on her person. Ms. Watkins entered M&L Country Liquors and asked the store clerk, Ms. Vicki Rihs, for a pack of Camel Lights cigarettes. Ms. Rihs asked Ms. Watkins what her age was and requested to see Ms. Watkins' driver's license. Ms. Watkins responded truthfully that she was 16 years old and she handed Ms. Rihs her license. Ms. Watkins' driver's license clearly indicates that she is under 21, and her birth date is plainly legible. After looking at Ms. Watkins' license, Ms. Rihs sold Ms. Watkins the pack of cigarettes. Ms. Watkins exited M&L Country Liquors 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 of the store clerk who made the sale. Officer Ameson went into the store and wrote out a complaint citation charging Ms. Rihs with selling tobacco to a person under 18 years of age. (Testimony of Watkins; City Exs. 1,4-8). 8. On May 27, 1998, in Anoka County District Court, Ms. Rihs pled guilty to the misdemeanor charge of selling tobacco to a minor. At her court appearance, Ms. Rihs