Fargo judge finds four stores sold tobacco to under-21 customers; PetroServe fined $500

A presiding judge at Fargo Municipal Court found that four Fargo retail stores sold tobacco products to an individual under the age of 21 during compliance checks conducted Aug. 18, 2025, Fargo Cass Public Health and Fargo Police Department representatives said. PetroServe’s general manager admitted the violation; the judge imposed a $500 fine and a 12-month probationary period for that business. The court announced written findings for the other three stores will be issued. "Because it's first offense, I'm going to find that the city did prove by a preponderance of the evidence, and it's a $500 fine and a 12 month probationary period," the presiding judge said. Fargo Cass Public Health, working with the Fargo Police Department, reported that an individual under 21 entered each store on Aug. 18 and was sold tobacco products after offering money to clerks. The stores and locations named at the hearing were PetroServe, 4440 Ninth Avenue S.; Casey's General Store, 4301 13th Avenue S.; Exxon Red Carpet Super Pumper, 3441 13th Avenue S.; and Smokes for Less, 3501 13th Avenue S. The city representative at the hearing said notices of the public hearing were mailed by certified mail in late August. "Yes, your honor. Notice was provided as required in Fargo municipal code," Mr. Wisher told the court when asked whether proper notice had been sent. For PetroServe, Eric Tufty, who identified himself as the store general manager, responded to the court's question and admitted the allegation. The court made an oral finding in that matter at the hearing and said written findings and a formal order would follow within a few days. For the three stores that were not represented at the hearing, the presiding judge said the city met its burden by a preponderance of the evidence and that those matters appeared to be first offenses; the judge said he would issue written findings in each case. At the hearing, city staff provided mailing records: certified-mail receipts showed notices to Casey's were signed Aug. 23, 2025; certified mailings for Exxon were dated Aug. 21, 2025 and included deliveries to the store and to Farstead Oil Inc.; and notices for Smokes for Less were sent Aug. 21, 2025 to the owner, Ali Waz, and to the store manager, with a return slip signed by a person identified as Mohammed. The court clerk confirmed that any written order will be mailed to the store addresses provided to the city, and the presiding judge said orders will include his written findings and conclusions of law. The judge noted that any order is appealable as allowed by the North Dakota Century Code. The hearing record shows these were noncriminal administrative proceedings under Fargo Municipal Code chapter 35 in which the city bears the burden of proof by a preponderance of the evidence. The court characterized each matter as a first offense; the hearing transcript does not state monetary penalties or probation for the three unrepresented stores, only that written findings will be issued. The court concluded the tobacco compliance docket after addressing the four matters and directed that written findings be prepared and sent to the stores' addresses on file.