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<br />Page Two <br />November 14, 2005 <br /> <br />It seems to me that much of what the statute provides may not be consistent with <br />the Fargo City Zoning Regulations. I believe that the City Zoning would take <br />precedence because the statute specifically provides that it is "subject to local <br />ordinance" but that may be a question for your attorney. <br /> <br />With respect to the application for a wine and beer license, our office will be <br />advising the Cass County Commissioners not to grant this license to Mr. Ballinger <br />because 1) he doesn't need a license from the county to sell wine on the premises <br />(although this activity may be in violation of Fargo City Zoning Regulations), and 2) the <br />sale of beer on the premises is clearly in violation of Fargo City Zoning Regulations. <br /> <br />I appreciate the time and effort you have made to provide some direction and <br />guidance to Mr. Ballinger. If I can be of any further assistance to your office, please <br />don't hesitate to call. <br /> <br />Sincerely, <br /> <br />fdbj1 ilIaD <br /> <br />Tracy J. ~eters <br />Assistant State's Attorney <br /> <br />T JP/vlm <br /> <br />cc: Birch Burdick <br />Bonnie Johnson <br /> <br />Enclosure <br />