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 6. Section 11 of Ramsey City Ordinance #98-02 provides, in part: Subd. 1. Illegal Sales It shall be .a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor. 7. Section 13b of Ramsey City Ordinance #98-02 provides, in part: Administrative Civil Penalties; Licensee If a licensee or an employee of a licensee is found to have sold tobacco to a person under the. age of 18 years, the licensee shall be subject to an administrative penalty as follows: First Violation: The city council shall-impose a civil fine of $500 and/or suspend for a period of ten days. 8. The City has established by a preponderance of the evidence that a clerk at M&L Country Liquors sold a package of cigarettes to an individual under eighteen years of age in violation of Ramsey Ordinance #98-02. The Licensee did not make any argument to the contrary. 9. The April 30, 1998 sale of the cigarettes to Ms. Watkins was the Licensee's first violation of Ramsey Ordinance #98-02. 10. Based on this violation of the ordinance, the Ramsey City Council is authorized to take adverse action against M&L Country LiqUors' license pursuant to Ramsey Ordinance #98~02, section 13b. 11. The costs of the hearing should not be assessed against the Licensee. 12. The foregoing Conclusions are made for the reasons set forth in the attached Memorandum, which is hereby incorporated in these Conclusions by reference. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RESPECTFULLY RECOMMENDED: that the Ramsey City Council take adverse action against the cigarette sales license held by John Nieswaag, owner of M&L Country Liquors, in the form of a $500 fine. Dated this~''~ day of January, 1999 Administrative Law Judge