Fargo hearing finds multiple stores sold tobacco to a person under 21; fines, probation and one suspension ordered
May 09, 2026 | Fargo , Cass County, North Dakota
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FARGO — A Fargo Municipal Court hearing in May reviewed a series of March 30, 2026 compliance checks that alleged several retail stores sold tobacco products to a person under 21.
The city presented facts for each location and, where a store representative appeared, asked whether the business admitted or denied those facts. In multiple cases the store representatives admitted the allegations or the city placed factual bases on the record for absent businesses.
"On 03/30/2026, Fargo police with a person under the age of 21 went to" each listed store, the city attorney said, recounting that the underage buyer was provided a tobacco product at each stop. The hearing officer described the proceedings as noncriminal and said any orders would be appealable under North Dakota Century Code 28‑3‑4‑01.
Break Time (2201 18th St. S.): Paul Wilke, identified as a cashier, admitted the facts after the city presented the compliance-check report. The hearing officer found a first-offense violation and announced "a $500 fine and a 12 month probationary period." The officer said the fine and probation would be handled through public health.
Circle K (101 N. University Dr.): Sean McMichael, identifying himself as store manager, confirmed that the under‑21 purchaser was provided ZYN during the March 30 check and said the affected employee was terminated. The hearing officer found a first‑offense violation and ordered a $500 fine and a 12‑month probationary period.
Northland Vapor (4265 45th St. S.): Brett Erpelding, identified as founder and CEO, admitted the allegation that a blueberry vape was provided to a person under 21 during the March 30 check. The hearing officer found a first‑offense violation and ordered a $500 fine and 12 months probation.
On the Run (3441 13th Ave. S., formerly Exxon): Chris Miller, the store manager, admitted the facts. The city characterized this as a second offense. The hearing officer found a violation, ordered a $500 fine and a three‑day suspension to be set through the Department of Health, and continued the probationary period.
Petro Travel Store (4510 19th Ave. S.): Steven Horn, who identified himself as general manager, admitted the allegation after the city presented the report. The hearing officer found a first‑offense violation and ordered a $500 fine and 12 months probation; written findings will follow.
Smokes 4 Less (702 N. University Dr.) and multiple Casey's locations: No representatives appeared for several stores. For those absent, the city placed factual bases on the record and the hearing officer made findings of violation where the city alleged first offenses, imposing $500 fines and 12‑month probationary periods. The hearing officer listed Casey's locations at 1401 S. University Dr., 3202 S. 43rd St., and 4405 45th St., as well as Fargo Southpointe and Integrity Convenience (formerly Don's). The city reported certified mail or signed receipt dates for notices in April 2026.
The hearing officer closed the tobacco compliance hearings for May 2026 and said written findings of fact and conclusions of law would be prepared. Orders from the hearing are appealable under the cited North Dakota statute.
Quotes and key admissions were recorded on the hearing record. The city stated compliance‑check dates (March 30, 2026) and notice receipt dates (April 2026) during the proceedings.
The city presented facts for each location and, where a store representative appeared, asked whether the business admitted or denied those facts. In multiple cases the store representatives admitted the allegations or the city placed factual bases on the record for absent businesses.
"On 03/30/2026, Fargo police with a person under the age of 21 went to" each listed store, the city attorney said, recounting that the underage buyer was provided a tobacco product at each stop. The hearing officer described the proceedings as noncriminal and said any orders would be appealable under North Dakota Century Code 28‑3‑4‑01.
Break Time (2201 18th St. S.): Paul Wilke, identified as a cashier, admitted the facts after the city presented the compliance-check report. The hearing officer found a first-offense violation and announced "a $500 fine and a 12 month probationary period." The officer said the fine and probation would be handled through public health.
Circle K (101 N. University Dr.): Sean McMichael, identifying himself as store manager, confirmed that the under‑21 purchaser was provided ZYN during the March 30 check and said the affected employee was terminated. The hearing officer found a first‑offense violation and ordered a $500 fine and a 12‑month probationary period.
Northland Vapor (4265 45th St. S.): Brett Erpelding, identified as founder and CEO, admitted the allegation that a blueberry vape was provided to a person under 21 during the March 30 check. The hearing officer found a first‑offense violation and ordered a $500 fine and 12 months probation.
On the Run (3441 13th Ave. S., formerly Exxon): Chris Miller, the store manager, admitted the facts. The city characterized this as a second offense. The hearing officer found a violation, ordered a $500 fine and a three‑day suspension to be set through the Department of Health, and continued the probationary period.
Petro Travel Store (4510 19th Ave. S.): Steven Horn, who identified himself as general manager, admitted the allegation after the city presented the report. The hearing officer found a first‑offense violation and ordered a $500 fine and 12 months probation; written findings will follow.
Smokes 4 Less (702 N. University Dr.) and multiple Casey's locations: No representatives appeared for several stores. For those absent, the city placed factual bases on the record and the hearing officer made findings of violation where the city alleged first offenses, imposing $500 fines and 12‑month probationary periods. The hearing officer listed Casey's locations at 1401 S. University Dr., 3202 S. 43rd St., and 4405 45th St., as well as Fargo Southpointe and Integrity Convenience (formerly Don's). The city reported certified mail or signed receipt dates for notices in April 2026.
The hearing officer closed the tobacco compliance hearings for May 2026 and said written findings of fact and conclusions of law would be prepared. Orders from the hearing are appealable under the cited North Dakota statute.
Quotes and key admissions were recorded on the hearing record. The city stated compliance‑check dates (March 30, 2026) and notice receipt dates (April 2026) during the proceedings.
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