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Liquor Control Board

Boards, Commissions & Committees

Liquor Control Board Meeting - February 15, 2017 Minutes

Present: Commissioner Piepkorn, Deputy Police Chief Ross Renner, City Auditor Steve Sprague, Grant Larson, Environmental Health

Absent: Commissioner Gehrig

Others Present: Rick Carik, Rick’s; Jim Swanick, Empire; Dustin Mitzel, Happy Harry’s; Nancy Morris, Johnson Law Office, Aaron Templin, Front Street Tap Room; Duane Litton, Duffy’s; Dean Bachmeier, Buffalo Wild Wings, Don Kenna & Wil Petik Prairie Brothers Brewing; 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 January 18, 2017. There were no additions or corrections to the minutes of January 18, 2017. Moved by Larson, seconded by Renner to approve the minutes of the January 18, 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 W alcoholic beverage license to The Jim LLC d/b/a Front Street Tap Room to be located at 614 Main Ave. The owners currently hold a Class C beer license, adding the Class W would allow them to have ciders, which have been determined to be a wine product.

Commissioner Piepkorn asked if the license is transferrable and the cost of the license. Sprague commented that after June 2014 all licenses are non-transferrable unless they are part of a going concern, the cost of the Class W is $7,500 initial fee and $750 annual. Attorney Morris pointed out that the license will not be available until second reading of the ordinance creating the license

Moved by Sprague, seconded by Larson to approve the issuance of a Class W alcoholic beverage license to The Jim LLC d/b/a Front Street Tap Room to be located at 614 Main Avenue once the creation ordinance is passed. All voted in favor, motion carried.

B. The second application to be considered today is for the ownership transfer of a Class AB alcoholic beverage license from Round Up Liquors, Inc. d/b/a Round Up located at 4051 Urban Plains Dr. The change is occurring because of a 50% or greater ownership change.

Moved by Larson, seconded by Renner to approve the ownership transfer of a Class AB alcoholic beverage license from Round Up Liquor Inc. d/b/a Round Up to be located at 4051 Urban Plains Dr. All voted in favor, motion carried.

C. The third application to be considered today is for the issuance of a Class Y alcoholic beverage license from Prairie Brothers Brewing LLC d/b/a Prairie Brothers Brewing Company to be located at 4474 23rd Avenue South, Suite 9.

Sprague indicated there were concerns raised regarding one of the four owners, he has three DUI’s on his record, the most recent one being 2013. Renner indicated this is a concern because it is a repeating pattern of behavior. Piepkorn expressed concern because he will be involved in the day-to-day operations as owner/manager. Dan Kenna indicated Wil Petik would be in charge of the production crew and will work daytime hours. Mr. Petik has spent a lot of time helping them get started and they would like to reward him for his sweat equity by including him in the ownership group. Renner indicated they look for not only responsible consumption but also responsible distribution. Petik commented he has maintained his pilot’s license and his conceal and carry throughout these events. Piepkorn suggested a 5-year probation, if anything should happen Petik would be removed from the ownership group. On the question of monitoring Kenna said they would self-report. Piepkorn commented this will be a reflection on the ownership group.

Moved by Larson, seconded by Sprague to approve the issuance of a Class Y alcoholic beverage license to Prairie Brothers Brewing LLC d/b/a Prairie Brothers Brewing Company to be located at 4474 23rd Avenue South, Suite 9 on the condition there be no alcohol related events in the next 5 years. Voting in favor Piepkorn, Sprague and Larson, voting against Renner. Motion carried

3. Sprague indicated he received a request from Mike Schmitz, Horse Race ND to allow charitable gaming at FA Golf, I-Entertainment and FA-RZ license classifications. Horse Race ND only does pull tabs from machines at this time, Fargo policy is to allow up to 5 sites and they currently have 3. Piepkorn suggested we arrange a meeting in the near future to discuss, Sprague will coordinate the meeting.

There being no further business to come before the Liquor Control Board, the meeting was adjourned at 1:53 p.m. The next regular meeting will be held Wednesday, March 15, 2017 at 1:30 p.m. in the City Commission Room.