4. Public comment-Rodney Ballinger

Ii CA SS cotJN1Yl I~ L. ______""_ ..___._.___.__._.____~__._._____l State's Attorney Birch l~ Burdick Assistant State's Attorneys: Mark R. Boening ']racy J. Perers Irent W Mahler Aaron G. Birsr Earle R. Myers, Jr. Ldl J. \'iste Reid A. Body Kara Schmit: Olson Jonathan H. ]~ Anderson Garv E. Euren Victim;Witness Coordinators: Brenda Olson-Wrav Debbie Tibiarowski Check Division! Restitution: REcetVEO NOV 14 2005 :.~: G~~CvlJJ~afhml~~"OYl . Ko&ney Ba\ \ i1190{ CASS couN'N cOMMlSS1ON November 14, 2005 Mr. Bill Mahar Fargo City Planners Office 200 3rd Street North Fargo, ND 58102 Dear Mr. Mahar: This letter is a follow-up to our conversation on November 10, 2005, concerning the domestic winery owned and operated by Rod Ballinger. The issue regarding this winery arose when Mr. Ballinger applied for a license from Cass County to sell beer on the premises. One of the commissioners questioned whether selling beer on the premises was in compliance with Fargo City Zoning Regulations. It is my understanding your position is that this type of activity would not be in compliance with Fargo City Zoning Regulations. Under NDCC ~5-01-7 (domestic winery license) the "state tax commissioner may issue a domestic winery license to the owner or operator of a winery located within this state to produce wine." The statute further provides H[a] domestic winery license may be issued and renewed for an annual fee of $100.00, which is in lieu of all other fees required by this title." Under NDCC ~ 5-01-17(2), "[a] domestic winery may sell, on the Linda \Vurkin winery premises, wine produced by that winery at on sale or off sale, in Charlotte Jdmso!1 retail lots, and not for resale, in quantities not in excess of 25,000 gallons in a calendar year; glassware; wine literature and accessories; and cheese, cheese spreads, and other snack food items. "A licensee may dispense free samples of the wines offered for sale." The Statutes goes on to provide "the state tax commissioner may issue special event permits Box 230(1 for not more than 20 days per calendar year to a domestic winery allowing 211 Nir:th Street South the winery, subject to local ordinance to give free samples of its wine and Fargo, North Dakota 58108 to sell its wine by the glass or in closed containers, at a designated trade show, convention, festival, or a similar event approved by the state tax PH: 701-241-5850 commissioner." The way I understand the Fargo City Zoning Regulations, fix: 701-241-5833 those activities would not be consistent with agricultural zoning.