City Commission - Regular Meeting

These are non-criminal proceedings in which the city has a burden to prove the violation by a preponderance of the evidence. This is a public hearing, meaning that anybody that wishes to speak at this hearing may do so. At the conclusion of the hearing, I will make oral findings of fact. And then after that, the court will issue written findings of fact, conclusions of law and order regarding today's hearing. Any hearing finding can be appealed as allowed by law under North Dakota Central Code 28-34-01. When your store is called, come up to the table in front so that we can have a conversation. Vape time? Morning. You can sit down. And what is your name? Abel. Abel? Yes. A-B-L-E? E-L. E-L? Last name?

Quintanilla.

Spell that for me.

Q-U-I-N-T-A-N-I-L-L-A.

K-U-I-N-T-A-N-I-L-L-A.

Q-U-I-N. Q-U-I. U-U-I-N-T-A-N-I-L-A. T-A-N-I-L-L-A. Got it.

Okay, and what position do you hold at the vape time? Manager. Okay, for the city, you want to give me a factual basis.

Yes, Your Honor. It's alleged on July 29th, 2026, at approximately 6.40 p.m., an officer with the Fargo Police, specifically Officer Haas, and a person under the age of 21 went to vape time located at 1833 University Drive South, Fargo, North Dakota. The person under the age of 21 entered the store, asked for and received a tobacco product, specifically a vape brand geek bar. This is alleged to be a first offense.

Okay, for the store, Mr. Quetela, how do you, do you admit the violation?

Yes. Yes.

And based on the factual basis given by the city, I'm going to find a violation, and I see that this is your first offense. So first offense requires a $500 fine and 12-month probationary period. So hopefully... you will not have a violation within the 12 month probationary period. The written findings of fact will be coming out in the near future. Okay? Okay. Thank you for your time today, sir. No problem. Smokes for less. Doesn't appear to be anybody here for Smokes for Less. City want to give me a factual basis on this one.

Yes, Your Honor. On July 29th, 2026, at approximately 7.38 p.m., an officer with the Fargo Police and a person under the age of 21 conducted a compliance check at Smokes for Less, located at 3501 13th Avenue South, Fargo, North Dakota. The person under the age of 21 entered the store, asked for and was received a smokeless Zin valued at about $6. This is alleged to be a second offense with the prior offense occurring on August 18th, 2025. This offense, as I mentioned, occurred on July 29th, 2026. I did receive a call from, I believe the owner or manager prior to this hearing indicating that he wished to have the hearing moved. I told him that we were not agreeable to that and that he could appear in person, he could send someone else, or he could appear by telephonic or some other electronic means. I did not hear back from him after I notified him for that, just for the court's FYI.

Okay, and again, notice was provided within the time required by the statute?

Yes, Your Honor. There appears to be a certified receipt received on August 10th, 2026. Okay.

And finding that there was no appearance made at the hearing that was scheduled, if he wished to have the hearing postponed to another date, he could have been here today and we've at least discussed that. So I will find a violation. And I will have the city, actually the public health department, set up the three-day suspension as a second offense.

Thank you, Your Honor. I just ask that you make sure to let the public health know in advance when the three days are. They generally conduct a check during those three days to make sure no tobacco items are being sold.

Okay. Thank you, sir.

And judge with that, I'm going to hand this over to Mr. Hartzell. I have another appointment I need to go to, so he'll be handling the last three matters.

Thank you for your time, Mr. Mercer. Thank you, Your Honor. Morning, Your Honor. Good morning, Mr. Hartzell. Royal Liquors, 25th.

On 25th, yes, Your Honor.

Does not appear to be anybody here to appear for royal liquors. Could he give me a factual

Yes, Your Honor. This occurred over at Royal Liquors at 3051 25th Street South in Fargo, North Dakota. A tobacco compliance check was conducted. The clerk, an underage individual, went into the store and asked for a tobacco product, specifically Zins. They asked for ID, they looked at it, and they still then let the person under 21 purchase the Zins. The ID that was presented did indicate that the individual was under the age of 21. Okay.

For Royal Liquors, was the notice provided within the time required by law?

Yes, Your Honor. Notice was sent out specifically here. I have my notes all around. Notice of hearing was sent to them dated August 6th. There was through certified mail, and that receipt was signed off on August 8th, 2026.

Okay, thank you. I will find a violation by ponderance of the evidence. And as it indicates, this appears to be a first offense. Notice was provided within time and nobody appears. So I will find it and we will send out the written findings and conclusions. Next one is Royal Liquors North. Doesn't appear to be anybody here for Royal Liquors North. going to have factual basis.

Yes, Your Honor. This alleges the allegations presented here. Royal Liquors at 2726 Broadway North in Fargo, North Dakota. Compliance check was conducted on July 29th, 2026. Specifically, an underage individual went into the store to purchase tobacco product, specifically Copenhagen tobacco pouches. At that time, the minor Asked for the item, the cashier rung it up, and then the minor paid and then left. The minor, verified through her ID, was under the age of 21 at the time of purchase.

Okay, and was notice provided within time allowed by law?

Yes, Your Honor. Notice was dated August 6, 2026. That was sent through the mail, certified mail, and that was received on August 10, 2026.

And again, there appears to be nobody here for Royal Liquors North, and... I will find that this is a first offense and that notice was provided and that violation was made and written findings back conclusions of law and order will be issued in the near future. And discount smoke shop. Doesn't appear to be anybody here for discount smoke shop for the city. Can I have factual basis?

Yes, your honor. I had on, on July 29th, 2026, uh, law enforcement officer, officer Haas went with an underage purchaser, uh, and they went to that location at discount smoke shop over at two, four, three, four, uh, or 2434 street, uh, Over on University Drive in Fargo, North Dakota, there were a discount smoke shop. At that time, the underage purchaser went in the store, asked for a tobacco product, specifically Zin. The cashier at that point could not find Zin. what the underage purchaser was asking for at the same time, but then grabbed the ZIN, the tobacco product, and did not ask for the ID from the underage individual and let that person purchase the ZIN.

and was notice provided within the time required by law?

Yes, Your Honor. Specifically, this notice dated August 6th, 2026 was provided to Discount Smoke Shop that was a certified mail confirmed delivery on August 8th, 2026. Okay.

With nobody here, I find that the City has proven the violation by preponderance of the evidence. And this appears to be a first offense, and that will be a $500 fine. We will do the written findings of fact, conclusion of law, and order in the near future to provide to the store. And seeing nobody else, and I have no other cases before me, I will now conclude the tobacco compliance hearings of today. Thank you, Your Honor. Thank you.