Majority of Fargo businesses pass alcohol compliance checks

 

Alcohol compliance checks were recently performed in Fargo on February 18 and 26. In total, 41 businesses were checked and 33 passed, resulting in an 80% compliance rate.

Several times a year, the Fargo Cass Public Health (FCPH) Substance Abuse Prevention Program partners with local law enforcement agencies to carry out alcohol compliance checks in Fargo, West Fargo, and Cass County. The intent of the checks is to ensure alcohol retailers are not selling any alcohol to minors. FCPH appreciates the cooperation of the business communities in Fargo.  Licensed alcohol retailers are encouraged to periodically review City Ordinances and state laws related to sale of alcohol and to include this important information in training for new employees.

Fargo businesses that failed:

Crooked Pint – 3340 13th Avenue South - first fail in one year

Drumconrath Brewing Company – 630 1st Avenue North, Suite 6 - first fail in one year

Fargo Hu Hot – 1801 45th Street South - first fail in one year

Happy Harry’s Bottle Shop – 1621 45th Street Southwest - first fail in one year

Herd and Horns – 1414 12th Avenue North, Unit F - first fail in one year

Marlin’s Family Restaurant  - 3520 12th Avenue North - first fail in one year

O’Kelly’s – 3800 Main Avenue - first fail in one year

Osaka Sushi & Hibachi – 1111 38th Street South - first fail in one year

Penalties noted below for Fargo reference ‘Server Training’, an alcohol misuse prevention class for servers that teaches safe serving techniques and best practices to avoid over-serving. City Ordinances in Fargo require the class.

Fargo penalties:

First offense - $500 penalty. This penalty may be waived if the person serving the alcoholic beverages, as well as the management, have current server training certificates. Server Training will be required within 30 days for any employee or member of management not current with Server Training. There will be no license sanction on a first offense.

Second offense - $750 penalty. No license sanction penalty.

Third offense - $1,000 penalty - for Class "AB", "A" and "B" license holders, one-day suspension of license (liquor sales only) with the date selected by licensee within 30 days of either occurrence of the offense or final decision upon appeal. For all other classes of liquor licenses, two days suspension of liquor sales only.

Fourth offense - no monetary penalty - for Class "AB", "A" and "B" license holders, three days in one week suspension of liquor license (liquor sales only) on consecutive dates chosen by licensee requiring the business to be closed. For all other classes of liquor licenses, six consecutive days suspension of liquor sales only. Such suspension shall be within 30 days of either the occurrence of the offense or final decision upon appeal.

Fifth offense - no monetary penalty - for Class "AB", "A" and "B" license holders, seven consecutive day suspension of license (liquor sales only) with the dates selected by licensee, requiring the business to be closed for liquor sales. For all other classes of liquor licenses, 14 consecutive days suspension of liquor sales only, such suspension to be within 30 days of either the occurrence of the offense or final decision upon appeal.

Sixth offense - no monetary penalty - for Class "AB", "A" and "B" license holders, 10 consecutive day suspension of license (liquor sales only) with the dates selected by licensee, requiring the business to be closed for liquor sales. For all other classes of liquor licenses, 20 consecutive days suspension of liquor sales only, such suspension to be within 30 days of either the occurrence of the offense or final decision upon appeal.

Seventh offense - no monetary penalty - revocation of liquor license.