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Liquor Control Board

Boards, Commissions & Committees

Liquor Control Board - December 20, 2017

LIQUOR CONTROL COMMITTEE MEETING
December 20, 2017
1:30 P.M.

Present: Commissioner Piepkorn, Commissioner Gehrig, Police Chief Dave Todd, City Auditor Steve Sprague, Grant Larson, Environmental Health,
Absent: None
Others Present: Rick Carik, Rick’s; Dustin Mitzel, Happy Harry’s; Nikki Bergland, Luna; David Schlossman, Joe Bergum, 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 November 15, 2017. There were no additions or corrections to the minutes of November 15, 2017. Moved by Gehrig, seconded by Larson to approve the minutes of the November 15, 2017 meeting of the Liquor Control Board; all voted in favor, motion passed unanimously.

2. A. The first application to be considered today is for the issuance of a Class B-Limited alcoholic beverage license to Hornbacher’s Inc. d/b/a Hornbacher’s Wine & Spirits to be located at 4101 13th Avenue South.

Questions were raised regarding the 100 foot rule and how many of these licenses were available. Chief Todd indicated this application qualified in regard to the 100 foot rule, Sprague indicated this license was originally approved to be issued to the Nicholson group, they were unable to locate an appropriate location and gave up their claim to the license.

Moved by Gehrig, seconded by Larson to approve issuance of a Class B-Limited alcoholic beverage license to Hornbacher’s Inc. d/b/a Hornbacher’s Wine & Spirits to be located at 4101 13th Avenue South, all voted in favor, motion passed unanimously.

B. The second application to be considered today is for the issuance of a Class ABH-Limited alcoholic beverage license to KLP Lodging, LLC d/b/a AmericInn Fargo to be located at 4325 23rd Avenue South.

Sprague explained this license allows the hotel to have managers specials and to sell on sale to hotel guests. There was a question regarding the listed manager’s recent DUI, Chief Todd explained managers tend to come and go and we haven’t traditionally not issued a license because of a manager.

Moved by Gehrig, seconded by Larson to approve the issuance of a Class ABH-Limited alcoholic beverage license to KLP Lodging, LLC d/b/a AmericInn Fargo to be located at 4325 23rd Avenue South. All voted in favor, motion carried.
C. The third application to be considered is the transfer of a Class FA alcoholic beverage license from Lonestar Steakhouse d/b/a Lonestar Steakhouse to Clink, Inc. d/b/a Luna Coffee to be located at 1545 University Drive South.

Commissioner Gehrig asked why this license didn’t come back to the City when the business closed. Sprague replied this license was originally issued prior to 2014 so it remained eligible to be transferred. The Board denied the transfer to Mr. Schlossman in July but allowed him until the end of the year to work out a transfer directly from Lonestar.

Moved by Gehrig, seconded by Larson to approve the transfer of a Class FA alcoholic beverage license from Lonestar Steakhouse d/b/a Lonestar Steakhouse to Clink, Inc. d/b/a Luna Coffee to be located at 1545 University Drive South. All voted in favor, motion passed.

3. Sprague presented a proposed ordinance change that will add a late fee to the E Permit application if the application is received less than 7 days before the event. Dan Hurder from Barbacoa said they receive a lot of requests to serve alcohol, many times they are contacted within the last week, he said he is not opposed to the additional fee. Commissioner Gehrig suggested calling the fee something other than a late fee.

Moved by Gehrig, seconded by Larson to approve the ordinance revision adding an additional fee to the E Permit if the application is received less than 7 days before the event. All voted in favor, motion passed.

4. Sprague indicated he, Attorney Morris and Chief Todd met to develop a policy for consideration when issuing liquor licenses. Attorney Morris indicated that we will need to continue to work on development of the policy as she recently discovered a section in Century Code that doesn’t allow for an automatic denial of licensure.

On motion by Gehrig, seconded by Todd to continue to develop the license issuance policy and to make the policy available for others to view. All voted in favor, motion passed.

5. Sprague reviewed the liquor license audits, 30 businesses were selected, one is out of business and one failed and is under a 6 month probation. That license will be reviewed again in January.

Moved by Gehrig, seconded by Todd to receive and file the audit report.
There being no further business to come before the Liquor Control Board, the meeting was adjourned at 1:50 p.m. The next regular meeting will be held Wednesday, January 17, 2018 at 1:30 p.m. in the City Commission Room.