Liquor Control Board - January 16, 2019 Minutes
LIQUOR CONTROL COMMITTEE MEETING
January 16, 2019 1:30 P.M.
Present: Commissioner Piepkorn, Police Chief Todd, City Auditor Sprague, Chris Ohman, Environmental Health,
Absent: Commissioner Gehrig, Grant Larson
Others Present: Assistant City Attorney Nancy Morris; Rick Carik, Rick’s; Dustin Mitzel, Happy Harry’s, Duane Litton, Duffy’s; Jodi Plecity, Lakemode; Dave Erickson, Bulldog Tap; Dan Labernik, Labby’s, Joe Burgum, Carol Schlossman, Josi Danz, Arlette Preston, Downtown Neighborhood Association, 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 19, 2018. There were no additions or corrections to the minutes of December 19, 2018. Moved by Sprague, seconded by Ohman to approve the minutes of the December 19, 2018 meeting of the Liquor Control Board all voted in favor, motion passed unanimously.
2. A. The first application to be considered today is the transfer of a Class “H” alcoholic beverage license from Pizza Boy Fargo LLC d/b/a Uncle Maddio’s Pizza located at 1690 45th Street South Suite 2 to Pipa’s Pizza LLC d/b/a Uncle Maddio’s Pizza to be located at 1690 45th Street South Suite 2.
Moved by Chief Todd, seconded by Ohman to approve the transfer of the Class H alcoholic beverage license from Pizza Boy Fargo LLC d/b/a Uncle Maddio’s Pizza located at 1690 45th Street South Suite 2 to Pipa’s Pizza LLC d/b/a Uncle Maddio’s Pizza to be located at 1690 45th Street South Suite 2. Motion is approved unanimously.
3. Jodi Plecity from Lakemode Liquor explained she has an agreement for a license transfer and the transfer has been approved for her to sell her business and transfer the liquor license to Hornbachers, unfortunately when Hornbachers announced the merger with Coburns the transfer got stalled. Hornbachers is no longer in business so the license would need to be transferred to Coburns but since Coburns already has a B-Limited license they are excluded from having a second B-Limited license. Jodi is requesting the Liquor Board consider an exemption to the ordinance that prohibits a B-Limited licensee from holding two B-Limited licenses. Sprague commented this is an existing business, it is not adding a license to the pool. He questioned what would the City have done had the transfer to Hornbachers taken place a few months before the Coburns transaction, would we have closed a business and put people out of work?
Commissioner Piepkorn commented this is a unique situation but we have to follow the rules. He questioned if a one time exemption could be allowed? Sprague said there is another section of the ordinance that does allow an exemption if the City Commission approves the exemption, could this be done in this situation? Attorney Morris commented she has not had the opportunity to review the ordinance for this request. She said if a waiver is possible it could be recommended to the City Commission.
Moved by Sprague, seconded by Todd to explore a potential waiver of the one license limitation and if allowed to bring the waiver request to the City Commission for approval. Motion passed.
4. Larry Anenson and Kayla Baker from Fargo Cass Public Health were available to present information regarding server training and compliance checks. Anenson explained that server training and compliance checks come about through a collaboration between FCPH and law enforcement agencies. It can be difficult to schedule compliance checks with the busy schedules of law enforcement and the minor who participate. Baker commented there are four server training classes held each month as well as special classes to train an entire business when requested. It is the responsibility of the businesses to make sure employees are server trained. Sprague asked if businesses listed employees not involved in alcohol service on their rosters, Baker said she would review that with the businesses. Piepkorn said we need a plan to get these businesses back in compliance. Sprague said we can start the renewal process now and send letters to the businesses that are not in compliance.
5. Chief Todd explained how the police department tracks calls for service. He showed how the City is broken down into districts and further into beats. He reported if a business is showing trends of high levels of calls for service, they will work with the management to address issues. If the management is unresponsive, they will bring a recommendation to the Liquor Board. He cautioned that not all calls for service are within the business, sometimes the business is used as a landmark. There could be a disturbance on the street or even a suspicious looking individual near an establishment that had nothing to do with the business.
Chief Todd also commented on the penalty matrix we worked on previously, he said the Attorney Morris, Auditor Sprague and Chief Todd meet recently to discuss the matrix, Morris is going to prepare a matrix of the existing ordinances so the Board can have a side by side comparison to determine if we want to move forward with those recommendations. He said we aren’t always looking to penalize, sometimes it is about education. This section of the ordinances are administrative penalties not criminal.
6. Sprague presented the results of the liquor audits, he said one business failed to reach the 50/50 level and by ordinance will be required to close by 1 a.m. and will have a follow-up audit in 6 months
7. Sprague commented we received a list of licensees that had failed to renew their state license, there were 15 licensees that had not renewed, normally there are one or two.
8. Matt Becker was present to appeal the denial of an E permit for an event located at 623 NP, Sprague commented city staff including Fire, Inspections, Health and Police met to discuss how events have been handled at the 623 NP location, there have been numerous concerns raised, all the departments felt it was best at this time for the safety of those involved to deny alcohol be allowed in this location. Becker explained he has only used the space one other time, so the problems were not a result of his operations. Chief Todd said it would be preferable if alcohol is present the event be a 21 plus event, no minors present. Moved by Todd, seconded by Ohman to deny an E permit be issued to 623 NP, motion carried
There being no further business to come before the Liquor Control Board, the meeting was adjourned at 2:25 p.m. The next regular meeting will be held Wednesday, February 20, 2019 at 1:30 p.m. in the City Commission Room at old City Hall.