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Liquor Control Board

Boards, Commissions & Committees

Liquor Control Board - September 20, 2017 Minutes

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

Present: Commissioner Piepkorn, Commissioner Gehrig, Police Chief Dave Todd, City Auditor Steve Sprague, Chris Ohman, Environmental Health,
Absent: None
Others Present: Rick Carik, Rick’s; Duane Litton, Duffy’s; Breezee Hennings, Wild Terra; Chuck Iiogu, Juice It, 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 August 16, 2017. There were no additions or corrections to the minutes of August 16, 2017. Moved by Gehrig, seconded by Todd to approve the minutes of the August 16, 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 F alcoholic beverage license to Juice Blends LLC d/b/a Juice It Smoothie & Juice Bar to be located at 64 Broadway.

Piepkorn asked if this business met the definition of prepared meals as listed in the ordinance. Attorney Morris reviewed the definition of a restaurant to the Board. The Board directed Morris and Sprague to review the definitions that require food sales. Piepkorn reminded the applicant that food sales must exceed alcohol sales and that alcohol must be consumed on the licensed premise. The applicant acknowledged this understanding.

Moved by Gehrig, seconded by Ohman to approve the application for the issuance of a Class F alcoholic beverage license to Juice Blends LLC d/b/a Juice It Smoothie & Juice Bar to be located at 64 Broadway, all voted in favor, motion passed unanimously.

B. The second application to be considered today is for the issuance of a Class C-W-P alcoholic beverage license to Wild Terra Cider & Brewing Company LLC d/b/a Wild Terra Cider & Brewing to be located at 6 12th Street North.

Sprague commented this business plan is primarily a cider production facility but the partners also plan to include beer and wine sales. State law requires them to carry a limited food menu if they are going to have on premise consumption.

Breezee Hennings, co-owner, said they will be the first cindery in the State and only the 10th in the country. Commissioner Piepkorn asked if they would use local products. Ms. Hennings replied there are no commercially grown apples in the state sufficient to cover their needs. Most of their apples will come from states like Washington. It is their intention to reach out to residential properties next year to gather as much product as they can locally. Commissioner Piepkorn asked if their product is a beer, wine or something else. Ms. Hennings responded that most people think of cider as products like Angry Orchard, their version will not be as sweet and will have alcohol content between 4 and 8 percent. Their building location is right next to the Co-op in the old horse stable. Their food offerings will be light, cheese platters and the like.

Moved by Gehrig, seconded by Todd to approve the issuance of a Class C-W-P alcoholic beverage license to Wild Terra Cider and Brewing Company LLC d/b/a Wild Terra Cider and Brewing Company to be located at 6 12th Street North. All voted in favor, motion carried.

3. Sprague commented he received an application late last week, the applicant called early this week wanting to move the application forward. Since the application was not on the agenda should we add it to the agenda? Moved by Gehrig, seconded by Sprague to consider the application from Reese & Riley’s LLC d/b/a Reese Riley Bistro. All voted in favor, motion passed.

Chief Todd commented this is the third time this business has applied for a liquor license. The first application was denied due to a pending felony case, the second application was denied due to recent criminal history and now we have the third application which he is recommending it be denied. Sprague mentioned that even though the background check included the previous two applicant, this application does not mention the previous applicants. Commissioner Piepkorn asked if the applicant was present, Sprague responded he informed the applicant that he wasn’t sure if the Board would amend the agenda to include this application. There were a number of questions that couldn’t be answered without the applicant present. Moved by Gehrig, seconded by Todd to table this application until the next Board meeting. All voted in favor motion carried.

4. Sprague commented the current guidelines in the liquor ordinances say when issuing a liquor license the Board of City Commissioners should take into account the character fitness and reputation of the applicant. Since Chief Todd was appointed Chief he has looked for some guidance on when an applicant should be given a liquor license and when one should be denied. Grant Larson, Chief Todd and Sprague met last week to discuss some guidelines when an application should not be considered for the issuance of a liquor license. Chief Todd added that these recommendations are basic guidelines and the Liquor Board is a recommending body, the City Commission make the final decision. His goal is to make sure there is consistency in our recommendations. Attorney Morris said after review the recommendations would be presented to the City Commission as a resolution, she affirmed the Commission has the final authority to issue a license.

Moved by Gehrig, seconded by Sprague to receive and file the liquor license issuing recommendations for further review and comment.

There being no further business to come before the Liquor Control Board, the meeting was adjourned at 2:07 p.m. The next regular meeting will be held Wednesday, October 18, 2017 at 1:30 p.m. in the City Commission Room.