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COUNCIL BUSINESS <br /> <br />Case #5: Receive Report From Assistant City Attorney Regarding <br /> Cigarette Sales: <br /> <br />Attorney Tom Fitzpatrick was present and stated that he does prosecutions for the City of <br />Ramsey and there has been a fair amount of publicity recently regarding cigarette sales to <br />minors in Ramsey. Last spring, the Minnesota Legislature imposed a much more serious <br />penalty for selling cigarettes to minors. Apparently, a vendor in Ramsey reported to the <br />Minnesota Non-Smokers Club that he was not selling cigarettes to minors but that his <br />competitors within Ramsey were. The Non-Smokers Club then conducted an undercover <br />operation in Ramsey by sending a juvenile into a number of vendors to see how many of <br />the vendors would sell cigarettes to the juvenile. The Non-Smokers Club reported that the <br />juvenile was able to purchase cigarettes in most of the Ramsey stores. Chief Auspos then <br />had letters hand delivered to all of the vendors in Ramsey informing them of the new State <br />statutes and that there have been reports of sales of cigarettes to minors in Ramsey. Despite <br />that letter, the Non-Smokers Club conducted another undercover operation in Ramsey and <br />again reported that the juvenile was able to purchase cigarettes at several outlets. Chief <br />Auspos had a second letter hand delivered to those vendors continuing to sell cigarettes to <br />the minor. The Non-Smokers Club insisted that the violations be prosecuted. The City <br />had a choice of proceeding with the investigation or turning away from the issue. What <br />then occurred was basically an undercover operation conducted with the assistance of <br />Ramsey's police department and a juvenile volunteer from the Non-Smokers Club; 3 of the <br />10 vendors approached sold cigarettes to the volunteer minor. The clerks were immediately <br />charged with the violation and have made their first appearances in court. Mr. Fitzpatrick <br />explained that when a violation of a statute occurs, the City is compelled to prosecute. Mr. <br />Fitzpatrick did note that the City would probably not be prosecuting these cigarette sales <br />violations if it were not for the insistence and persistence of the representative of the Non- <br />Smokers Club. <br /> <br />Mayor Reimann stated that he feels local ordinances should be established to penalize <br />minors attempting to purchase cigarettes. <br /> <br />Councilmember Cich stated that he does not appreciate a group conducting a crusade at the <br />expense of the taxpayers. <br /> <br />Mr. Fitzpatrick assured Council that he will not prosecute the store clerks with the intention <br />of full penalty under the law; he only wants the cases to serve as a message to store clerks <br />to cease making cigarette sales to minors. <br /> <br />Mayor Reimann also stated that laws will not stop those people that want to smoke from <br />purchasing cigarettes; purchasing cigarettes is a minor crime and it will cost the City a lot of <br />public money to enforce the law. <br /> <br />Mr. Hartley noted that juvenile crimes are under the jurisdiction of the County and he will <br />research whether or not the County would be willing to carry out enforcement of a local <br />ordinance prohibiting minors from purchasing cigarettes. <br /> <br />City Council/January 9, 1990 <br /> Page 3 of 8 <br /> <br /> <br />