Liquor Control Board - August 21, 2019 Minutes
LIQUOR CONTROL BOARD
August 21, 2019 1:30 P.M.
Present: Commissioner Piepkorn, Police Chief Todd, City Auditor Sprague, Grant Larson, Environmental Health
Absent: Commission Gehrig
Others Present: Assistant City Attorney Nancy Morris; Rick Carik, Rick’s; Dustin Mitzel, Happy Harry’s, Duane Litton, Duffy’s; Dave Erickson, Bulldog Tap; Rob Sobolik, Fargodome; Jon Kram & Nick Daly, Scheels Arena; Melissa Rademacher, Lee Dobrinz & Travis Koch, DCP; Lisa Meyer, Wurst; Dean Bachmeier, Buffalo Wild Wings; Josi Danz, Paul Gleye Downtown Neighborhood Association, Larry Anenson, Fargo Cass Public Health, 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 July 17, 2019. There were no additions or corrections to the minutes of July17, 2019. Moved by Todd, seconded by Larson to approve the minutes of the July 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 transfer of a Class “A” alcoholic beverage license from FSB Associates, LLC d/b/a Cowboy Jacks to L & S Hospitality d/b/a Cowboy Jacks located at 506 Broadway. This is a corporate name change only.
Moved by Larson, seconded by Todd to approve the transfer of a Class “A” alcoholic beverage license from FSB Associates, LLC d/b/a Cowboy Jacks to L & S Hospitality d/b/a Cowboy Jacks located at 506 Broadway. Motion approved unanimously.
B. The second application to be considered today is for the transfer of a Class FA alcoholic beverage license from ERJ Dinning IV, LLC d/b/a Chili’s to Brinker Restaurant Corporation d/b/a Chili’s Grill & Bar to be located at 3902 13th Avenue South (West Acres).
Moved by Larson, seconded by Todd to approve the transfer of a Class FA alcoholic beverage license from ERJ Dinning IV, LLC d/b/a Chili’s to Brinker Restaurant Corporation d/b/a Chili’s Grill & Bar to be located at 3902 13th Avenue South (West Acres). Motion approved unanimously.
C. The third application to be considered today is for the issuance of a Class A-Club alcoholic beverage license from the Downtown Community Partnership to be used at the Block 9 Plaza.
Sprague explained since receiving the application, city staff along with DCP representatives and the City Attorney have been discussing the application. Liquor licenses are issued to a person and a place and since the Block 9 Plaza is not planning on installing a permanent structure the license can’t be issued for that space. Alcohol service will have to be conducted utilizing the E permit system. Considering having the DCP be the facilitator of the E permits and utilize the DCP-E permit where appropriate. Piepkorn questioned why the DCP office location could not be used. Attorney Morris replied there is a provision in the lease with the City that doesn’t allow alcohol and it is a government facility making it problematic.
Melissa Rademacher and Lee Dobrinz representing the DCP commented the application for a liquor license was in anticipation of submitting a response to an expected RFP from the Park District for someone to provide alcohol service at the Block 9 Plaza. The DCP has proven capable of coordinating events that have alcohol; it fits in their mission, not necessarily alcohol sales but an effort to generate activity. The DCP-E permit would allow flexibility to host events similar to the Street Fair. They have a proven secondary impact where patrons come to the main event but then stay in the downtown and support businesses when the event concludes. The DCP-E language may need to be adjusted, they are open to a dialog to determine if the language needs changing. Commissioner Piepkorn commented we are in a learning phase with the Plaza. If the Plaza alcohol is done correctly with responsible partners it can enhance events.
Moved by Larson, seconded by Todd to accept the withdrawal of the DCP application, motion carried.
3. Chief Todd commented we have assembled some suggested changes to the penalty structure and have received very limited feedback, he would like to take the next step toward getting the changes made. Morris indicated the task force suggestions have been incorporated into the recommendations coming forth today. The Chief is recommending fewer violations and with a rolling time period. Chief Todd suggested asking the City Commission to direct the City Attorney to make the proposed changes. Piepkorn commented that would provide an additional time for people to comment.
Moved by Todd, Seconded by Sprague to present the draft to the City Commission to direct the City Attorney to make the proposed ordinance revisions.
4. Sprague said he received a request from Scheels Arena to allow full alcohol throughout the facility. There have been examples where someone in the bar would quickly drink a beverage so they could go into the seating bowl to watch the game rather than carrying the drink to their seat and enjoying it in a leisurely fashion. A second example is when parents are stuck in the bar and not able to monitor their children while they play in the concourse. Additionally, other facilities in the league have the ability to carry mixed drinks in the facilities. Sprague said the reached out to the Fargodome and Redhawks to see if there were any concerns. Initially, other restrictions were written into the ordinance but later determined they were not needed. Nick Daly from the Scheels Arena indicated they are trying to make a family friendly entertainment facility. Serving would be in a clear plastic cup, Jon Kram added there would be a limit of 2 drinks per person. Morris said they are proposing very minor changes, the split between concourse and suites has been removed, no more geographical boundaries on where the different types of beverages are allowed . Additional provisions were that the beverage be served in a clear plastic cup and there be a limit of two drinks per person. Mr. Kram indicated they have ushers in each section and at each exit. Chief Todd commented this is just allowing another type of alcohol, he questions Attorney Morris if there is any conflict with State law. Morris replied there is no more conflict with State law than presently exists, the N license has allowed minors in the area, it becomes an enforcement issue, there is no change because of the type of alcohol.
Moved by Sprague, seconded by Larson to direct the City Attorney to modify the Class N license so that alcohol will be permitted throughout the facility. Motion carried.
5. Sprague mentioned staff met to discuss server training to see where we can improve on our performance. Two suggestions were made, first staff feels we should monitor server training on a quarterly basis and second to modify the ordinance and include a monetary penalty for non-compliance, this would put the onus on the businesses to make sure they get all employees server trained. Piepkorn indicated the employee should be held responsible. Chief Todd commented we have the online option available.
There being no further business to come before the Liquor Control Board, the meeting was adjourned at 1:58 p.m. The next regular meeting will be held Wednesday, September 18, 2019 at 1:30 p.m. in the City Commission Room.