Municipal Court Judge Dan Phillips found five Fargo retailers violated Fargo Municipal Code Chapter 35 after a series of compliance checks and imposed $500 fines and 12-month probationary periods for each business.

The violations stem from compliance checks conducted on June 27, 2025; notices of the hearings were served via certified mail with a July 3, 2025 date on the notices. The cases were heard at a public hearing in Fargo Municipal Court; the proceedings were civil in nature, with the city required to prove a violation by a preponderance of the evidence, Phillips said.

In opening remarks, Judge Dan Phillips said, “These are non criminal proceedings in which the city has a burden proved violation by a preponderance of the evidence.” He also told attendees that written findings and orders would follow and that any orders were appealable under the North Dakota Century Code.

Case details and outcomes

- Casey’s General Store, 1901 University Drive North: The city said an under-21 individual working with Fargo Police requested and was provided one tobacco product on June 27. Store manager Stephanie Altman admitted the allegation. Phillips found the store violated the city code and imposed a $500 fine and 12-month probation as a first offense.

- PetroServe USA, 2903 Main Avenue: The city reported the under-21 individual completed a transaction for smokeless tobacco (identified in the worksheet as Zins). Store manager John Bannerman admitted the allegation. The court found a violation and imposed a $500 fine and 12-month probation for a first offense.

- 7 Days Grocery (listed in the hearing as 2440 Second Street South): The city’s worksheet states the clerk provided a box of cigarettes, accepted cash, then returned the cash after the buyer said they had changed their mind. Store manager Jagath Rai acknowledged the account and ultimately admitted the allegation. Phillips imposed a $500 fine and 12-month probation as a first offense.

- Daley’s/Daily Market, 216 Broadway North: The city reported the clerk provided a box of ZIN and proceeded with the sale to a person under 21 during the compliance check. No representative from the business appeared at the hearing. Phillips found a violation and imposed a $500 fine and 12-month probation for a first offense.

- Smokes for Less (Smokesville Less in transcript), 3501/13th Avenue South: Owner Ollie Waz disputed the city’s worksheet. Waz presented a store video and argued the transaction was not completed because the under-21 individual took the product off the counter and then said they changed their mind. The city’s account and the worksheet said the clerk scanned the product and took money; the clerk then did not complete the sale because the buyer said to forget it. After reviewing the parties’ accounts and the offered video, Judge Phillips explained the governing standard: the hearing is civil and decided by a preponderance of the evidence, and in his view a sale occurs when the money changes hands. Phillips said, “I will find that if you want appeal, you have that right to do it, but I believe that once the money changes hands, the sale is made.” He therefore found a violation and ordered a $500 fine and 12-month probation as a first offense.

Procedural and next steps

Judge Phillips directed that fines be paid to Fargo Public Health and said he would issue written findings of fact, conclusions of law and orders after the hearing. He also noted that the proceedings and penalties are subject to the appeal process provided in the North Dakota Century Code.

Why it matters

The hearing enforces Fargo’s local tobacco-sales restrictions aimed at keeping tobacco products away from people under 21. Each of the five matters resulted in the same penalty for a first offense: a $500 fine and a yearlong probationary period attached to the retailer’s tobacco license. The decisions will be memorialized in written orders the court will issue after the hearing, and affected businesses retain the right to appeal.