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Liquor Control Board

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Liquor Control Board - May 15, 2019 Minutes

LIQUOR CONTROL COMMITTEE MEETING
May 15, 2019 1:30 P.M.

Present: Commissioner Piepkorn, City Auditor Sprague, Aaron Johnson, Environmental Health,
Absent: Commissioner Gehrig, Police Chief Todd, Grant Larson, Environmental Health
Others Present: Assistant City Attorney Nancy Morris; Rick Carik, Rick’s; Dustin Mitzel, Happy Harry’s, Duane Litton, Duffy’s; Dean Bachmeier, Buffalo Wild Wings, Pete Haug, Fargo Air Show; Dave Erickson, Bulldog Tap; Nikki Berglund, Luna; Jared Hardy, Fargo Brewing; Lisa Meyer, Wurst; ; Joe Burgum, Carol Schlossman, Josi Danz, Downtown Neighborhood Association, Other members of the media, concerned citizens and other members of the industry.

Meeting was called to order at 1:30 P.M.

1. Commissioner Piepkorn called the meeting to order and asked if there were any additions or corrections to the minutes of April 17, 2019. There were no additions or corrections to the minutes of April 17, 2019. Moved by Sprague, seconded by Johnson to approve the minutes of the April 17, 2019 meeting of the Liquor Control Board all voted in favor, motion passed unanimously.

2. A. The first application to consider today is the issuance of a Class “GH” alcoholic beverage license to Bernbaum, Inc. d/b/a Bernbaum’s located at 402 Broadway.

Moved by Sprague, seconded by Johnson to approve the issuance of a Class “GH” alcoholic beverage license to Bernbaum, Inc. d/b/a Bernbaum’s located at 402 Broadway. Motion approved unanimously.

B. The second application to consider today is the issuance of a Class “F” alcoholic beverage license to Brew Bird, Inc. d/b/a Brew Bird located at 30 University Drive North. Issues noted in the background check are old and no longer a concern.

Moved by Sprague, seconded by Johnson to approve the issuance of a Class “F” alcoholic beverage license to Brew Bird, Inc. d/b/a Brew Bird located at 30 University Drive North. Motion approved unanimously.

C. The fourth application to be considered today is for the transfer of a Class FA-Golf alcoholic beverage license from BCZ Osgood Holdings, LLC d/b/a 9 Iron Bar & Grill to Brickhouse Tavern, LLC d/b/a Brewtus Clubhouse to be located at 4400 Clubhouse Drive. The issues noted in the background check are older and no longer a concern.

Moved by Sprague, seconded by Johnson to approve the transfer of a Class FA-Golf alcoholic beverage license from BCZ Osgood Holdings, LLC d/b/a 9 Iron Bar & Grill to Brickhouse Tavern, LLC d/b/a Brewtus Clubhouse to be located at 4400 Clubhouse Drive. Motion passed.

3. The liquor Control Board reviewed a request from Big Erv’s @ Rose Creek and Brewtus Clubhouse to allow gaming with the FA-Golf license. Sprague commented that other FA license and the FA Entertainment license all allow gaming. Sprague also commented that there have been 5 operators at the Osgood golf course since it opened and perhaps adding gaming would allow the operator to be profitable.
Moved by Sprague, seconded by Johnson to direct the City Attorney to prepare the necessary changes to the ordinance to allow gaming with the FA-Golf license classification. Motion passed.
4. The Liquor Control Board reviewed a request form the Fargo Air Show to allow patrons to carry open alcohol containers throughout the air show grounds. It was discussed and agreed that there shouldn’t be much concern since the airshow is fenced and only happens 2 days every other year. Pete Haug representing the air show committee said they sought approval a number of years back but there don’t appear to be any records of the request. Commissioner Piepkorn commented this should be similar to the DCP permit.
Moved by Sprague, seconded by Johnson to direct the city attorney to work with the Air Show to amend the ordinance as required. Motion passed.
5. Sprague commented he received a copy of a letter from Jade Presents requesting to increase the number of amplified noise permits allowed each month. Currently applicants are allowed one amplified noise permit a month. Jared Hardy, Fargo Brewing, said they are looking to change the interpretation of the boundary for amplified sound. Where their business is located, it is removed from single-family residential property. Lee Swartz, Jade Presents, said outdoor events are critical to the business plan; they help bring energy to the neighborhood. He said train noise in the area is already significant.
Commission Piepkorn asked if they had reached out to the Roosevelt neighborhood. Swartz commented they would do that in the near future. Piepkorn commented the original license was to be a brewery. Sprague said this is a Planning issue but he wanted the Liquor Board to be aware of the request.
6. Sprague said he received a request from The Boiler Room to expand their licensed premise into the are formerly occupied by Stumbeanos. He said the area is contiguous to the existing licensed premise. Moved by Sprague, seconded by Johnson to allow the requested expansion. Motion passed.
7. Piepkorn suggested that we continue the discussion about the penalty matrix until the next meeting so the Chief can be present.

There being no further business to come before the Liquor Control Board, the meeting was adjourned at 1:48 p.m. The next regular meeting will be held Wednesday, June 19, 2019 at 1:30 p.m. in the City Commission Room.