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

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NOTICE The City is respectfully requested to provide a copy of its final decision to the Administrative Law Judge by first class mail. Reported: Tape recorded (1 tape, not transcribed). MEMORANDUM There is no dispute about the underlying facts in this matter. On April 30, 1998, a clerk at the M&L Country Liquors sold a package of cigarettes to a minor who was assisting the Ramsey City Police in a "compliance check" of licensed cigarette sellers. The sale was made in violation of Ramsey Ordinance #98-02, which prohibits the sale of tobacco products to persons under the age of 18 years. Pursuant to the ordinance, all licensees are responsible for the actions of their employees, and a sale of tobacco by an employee is considered to be a sale by the licensee~. The Licensee admits that his employee sold cigarettes to a minor at his store on April 30, 1998. Consequently, the City has established by a preponderance of the evidence that an illegal tobacco sale occurred at M&L Country Liquors in violation of the Ramsey Ordinance. 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 M&L Country Liquors as an administrative civil penalty for the violation of the ordinance. The Licensee objects to the amount of the fine provided by the ordinance for a first violation. The Licensee put forth evidence at the hearing that he trains all of his employees on the laws and regulations regarding the sale of tobacco products. Specifically, the Licensee testified that he has discussed the requirements of the Ramsey tobacco sales ordinance at quarterly employee meetings and has posted a copy of the ordinance in the employee work area. Given these good faith efforts to comply with the ordinance, the Licensee contends that it is inappropriate to assess such a severe penalty for a one-time employee mistake. The clerk'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 his employees regarding .the requirements of the tobacco sales ordinance. The City has urged that a $500 fine be imposed. 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 mandatory~. Therefore, the plain Ramsey Ordinance #98-02, section 9. Minn. Stat. § 645.44, subd. 16 (1998). I I I I I I I I I I I I