Agenda - Council - 03/23/1999 - Laserfiche WebLink

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admitted she sold cigarettes to a minor and explained that she had misread Ms. Watkins' driver's license. The Judge fined Ms. Rihs $200 and sentenced her to 20 days. The Judge stayed the fine and the sentence on the condition that Ms. Rihs have no same or similar conduct for one year. (City's Ex. 6). 9. On December 15, 1998, the attorney for the City of Ramsey filed and served a Notice of and Order for Hearing in this matter. 10. At the hearing, the Licensee admitted that an illegal sale of cigarettes to a minor occurred at his store. The Licensee argued, however, that the ordinance's mandatory $500 fine for a first time violation is too severe. (Testimony of Nieswaag). 11. The City of Ramsey has recommended a fine of $500 for M&L Country Liquors' violation of the city ordinance. The amount of the fine is based on Ramsey Ordinance #98- 02, section 13b. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Ramsey City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55, 461.12, 461.19, and Ramsey Ordinance #98-02, section 12. 2. The Notice of Hearing issued by the City was proper and all applicable substantive and procedural requirements have been fulfilled, 3. The City bears the burden in this matter of proving by a preponderance of the evidence that adverse action is warranted with respect to the cigarette sales license at issue. 4. Section 6 of Ramsey City Ordinance #98-02 provides, in part: It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: a. To any person under the age of eighteen (18) years. 5. Section 9 of Ramsey City Ordinance #98-02 provides: All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed pr~mises, and a sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City of Ramsey from also subjecting the clerk to whatever penalties are appropriate under this ordinance, State or Federal law, or other applicable law or regulation. I I I I I I I I I I I I I I I I I I I