Liquor Control Board - January 17, 2018 Minutes
LIQUOR CONTROL COMMITTEE MEETING
January 17, 2018 1:30 P.M.
Present: Commissioner Piepkorn, Police Chief Dave Todd, City Auditor Steve Sprague, Grant Larson, Environmental Health,
Absent: Commissioner Gehrig
Others Present: Rick Carik, Rick’s; Dustin Mitzel, Happy Harry’s; Doug DeMinck & David Geske, Tailgators; Dean Bachmeier, Buffalo Wild Wings, Joe Burgum, 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 December 20, 2017. There were no additions or corrections to the minutes of December 20, 2017. Moved by Todd, seconded by Larson to approve the minutes of the December 20, 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 transfer of a Class AB alcoholic beverage license from Mom’s Kitchen Inc. d/b/a Tailgator’s Sports Café to Demeske Enterprises, Inc. d/b/a Tailgator’s/Mom’s Kitchen to be located at 1322 Main Ave.
There were no questions or comments regarding this application
Moved by Larson, seconded by Todd to approve the transfer of a Class AB alcoholic beverage license from Mom’s Kitchen Inc. d/b/a Tailgator’s Sports Café to Demeske Enterprises, Inc. d/b/a Tailgator’s/Mom’s Kitchen to be located at 1322 Main Ave., all voted in favor, motion passed unanimously.
3. Sprague explained the determination was made in June 2017, based on Planning Department estimates, that the City would issue one additional Class Z liquor license because of an increase in population. Advertisements informing the public of the license increase were placed in the Forum once each month from August until December. The deadline to apply was December 31, 2017, because December 31 was on the weekend and the City offices were closed on Monday January 1, 2018 applications were considered received on a timely basis until Tuesday January 2, 2018.
Sprague indicated one application from Raihana Nadem was received on Wednesday January 3rd. Moved by Todd, Seconded by Larson to deny the application that was not received in a timely manner, the application from Raihana Nadem. All voted in favor motion carried.
Sprague indicated two applications were received in a timely manner. One application from L & S Hospitality LLC d/b/a Cowboy Jack’s at 64 4th St N, the second application comes from District 64 LLC d/b/a District 64 located at 64 Broadway.
Chief Todd mentioned that continuing to issue more liquor licenses in the downtown increases the stress on his limited resources. At what point have we reached saturation in the downtown market. He fully understand the concepts of free market and business development but the City must understand there are social consequences as a result of licenses saturation. Businesses will do what they feel needs to be done in order to make ends meet and continue in operation. Downtown already has the highest number of calls for service.
Larson pointed out that none of the applications submitted plans and specifications or blueprints for approval; before a business would be allowed to open or operate; they would need to have approval by Inspections and Health. Commissioner Piepkorn said the downtown has become more popular, it is the place people want to be. Chief Todd agreed it has become very popular, but that has led to more saturation, which leads to discounted drinks, which has social consequences.
Attorney Morris answered a question regarding how the selection process would go; municipal ordinances state the qualified applicants are to be submitted to the Governing body who will draw a name to determine who the license should be issued to. Joe Burgum mentioned that when determining saturation, we tend to look at the number of licenses issued rather that the size of the facilities, we should consider restricting the size of the licensees rather than restricting the number of licensees.
Moved by Larson, seconded by Sprague to forward L & S Hospitality LLC d/b/a Cowboy Jack’s to be located at 64 4th Street North to the City Commission for consideration. All voted in favor, motion passed.
Moved by Sprague, seconded by Larson to forward District 64 LLC d/b/a District 64 to be located at 64 Broadway to the City Commission for consideration. All voted in favor, motion passed.
4. Sprague stated Attorney Morris prepared a list of considerations to be used when making recommendations regarding the issuance of a liquor license. The proposal is to adopt the conditions in the form of a resolution. All items are designed to help form a judgement of the character, fitness and reputation of the applicant; it is intended to provide guidelines and guidance. All applications would still be reviewed and discussed at Liquor Control with the final determination at City Commission. Sprague indicated the proposed resolution will be posted on the City of Fargo web site for comments and emailed to current licensee’s we have emails for.
On motion by Todd, seconded by Larson to adopt the resolution establishing liquor license application qualification guidelines. All voted in favor, motion passed.
5. Sprague commented provision of the Class P winery license calls for wine sales to cease at 11 p.m. He stated when the brewery license was established the ordinance called for closing the brewery tap room before 2 a.m., however, a year later that provision was removed, this early closing time is similar in nature. Sprague moved to remove the closing provision in the Class P liquor license. The motion was seconded by Larson, all voted in favor motion passed.
There being no further business to come before the Liquor Control Board, the meeting was adjourned at 2:11 p.m. The next regular meeting will be held Wednesday, February 21, 2018 at 1:30 p.m. in the City Commission Room.