Liquor Control Board - August 17, 2022 Minutes

Liquor Control Board - August 17, 2022, 1:30 p.m.

Present: Commissioner Piepkorn, Kay Schwarzwalter, Robert Nelson, John Stibbe, Lydia Tackett

Others Present: Police Chief David Zibolski, City Auditor Steve Sprague, City Attorney Nancy Morris, Rick Carik, Rick's, Dustin Mitzel, Happy Harry's, Duane Litton, Duffy's, Jim Swanick, Empire, Warren Ackley, OB

Meeting was called to order at 1:30 P.M.

1. Commissioner Piepkorn called the meeting to order and asked ifthere were any additions or corrections to the minutes of June 15, 2022. Moved by Schwarzwalter, Seconded by Stibbe. Tackett mentioned a typo and Sprague said the correction was made on the permanent minutes. Motion passed unanimously

2. Review La Fiesta moving into new location 2511 Kirsten Lane South
Sprague stated no issues other than address change. Moved by Tackett, Seconded by Nelson. Motion passed unanimously

3. Review Police Monthly Report distributed via email for June and July. Nelson questioned the over serving remarks in the report, are they the officer or patrons opinion. Chief Zibolski stated that is the observation of the officer. Schwarzwalter noticed over serving to the point of being unconscious, are we addressing that issue in the Ordinance changes, Chief Zibolski said those issues will be addressed. Schwarzwalter also asked about the minors and Chief Zibolski said they were cited. Nelson mentioned that over serving could have happened at another location. Chief Zibolski agreed and stated there will be discussion regarding this and it is the establishment's responsibility to make sure a person is not in that condition before serving. Tackett asked about Cowboy Jacks and if citations were issued to the underage patrons and the server. Chief Zibolski said that the under aged people were cited, no citations were issued to the establishment because it was after bar close and the individuals just stated they had been in Cowboy Jacks. No action needed.

4. Compliance Failures
In all instances, a 19-year-old patron was served an alcoholic beverage after being carded or not carded. Chief Zibolski recommends following the matrix. In the instance of Pho D'licous the person, taking the order was 15 but a manager served the alcohol.
Piepkorn asked if anyone wanted to speak in regards to these failures. No comments were made. Piepkorn asked about server training and if the rules stated who can serve and who cannot. Chief Zibolski said yes, and that PD went back in August and they passed. City Attorney Nancy Morris directed the board to make a motion to find a violation and impose the penalties provided by the Ordinance. Moved by Schwarlzwalter, Seconded by Stibbe. Motion passed unanimously.
a. Passed Compliance checks from June.
b. Passed compliance checks from August
Sprague stated this is just for information purposes no action needed.

5. Memo for ordinance changes
a. Notification of manager changes. Sprague stated that the Auditors office is not normally aware of manager changes until yearly renewal. Piepkorn stated that a period needed to be set to give the establishment's time to get that information to the Auditors Office. Sprague said that 30 days was the period that is suggested. Chief Zibolski referenced the handout showing this change was noted. Piepkorn would like changes discussed by Liquor Board before going to City Commission. Tackett asked how information about manager changes were obtained, Sprague said only at renewal time currently.
b. Server Training changes. Sprague stated that Server Training needs to be addressed due to the number of compliance failures. If there is online, training servers should be trained before ever serving alcohol. Servers and business should have record that they are trained, and businesses need to be responsible for knowing that information. Stibbe asked how often there are classes currently. Sprague believes that right now they are monthly. Until the Ordinance change is made, Health could possibly come up with a way to have online classes. Tackett asked who holds the server card, server, business, the City. Is there a search we can do to find out who is trained? Sprague mentioned that someone could serve at multiple locations, so they need to have their card and there is a database that Health uses to research who is server trained and who has registered for training. Tackett believes the business should know if their servers are trained and should have documentation. Sprague stated that bouncers should also have server training.
c. Penalty Structure. Sprague stated there was discussion in regards to a point
system, accumulating points can result in various penalties. Piepkorn is in favor of that. Chief Zibolski would strongly advocate for this type of a change to give the Board some ability to address some of the issues that Ordinance alone cannot enforce. Nelson agrees it is a good idea, warns to be careful putting things that are subjective in the Ordinance. Tackett agrees and likes the idea of shortening the span that violations can add up. Keeps the spotlight on the business that accumulate many points in a short period. Stibbe believes that accumulating points will deescalate their behavior. Sprague added that this will require a lot of input from the industry and would not be something that will happen quickly.
d. Use of Technology. Sprague mentioned scanners, video systems, metal detectors/wands, breathalyzers and the fact that it is difficult for the City to mandate use of these things, ideally, it would be the business volunteering to use technology to their benefit. Stibbe suggested that if the point system was implemented, number of points could equal requirements to acquire technology. Stibbe also asked how over-served can be defined. Chief Zibolski believes it would be a board discussion; however, it would be easy to follow the legal limit of intoxication. Tackett asked if it is the legal limit to drive, Chief Zibolski said it is, but it is also an easy measurement of intoxication. Nelson feels the bar owners become the criminals if a patron is driving and causing issues, a lot of responsibility falls on the business owners and using technology could take away from the human factor. Mandating the use of technology may be getting into some invasive areas. Schwarzwalter feels there is a Public Health concern, safety issues, and deaths due to over intoxication, a change to the culture needs to happen. Is Cops in Shops or similar program an option? Chief Zibolski does not believe it is a realistic option, and some establishments might not welcome them. Sprague stated the Cops in Shops was a grant-funded program that is no longer happening, therefore, funding for such a program would be a concern.

Chief Zibolski also stated that some officers are assigned to certain establishments that have had a number of issues to work directly with the manager. Nelson agrees with Chief Zibolski and when there is a problem establishment there is a mechanism to help them turn a corner. Piepkorn suggested to put these things back on the agenda for next meeting and directed the public to contact the board or City staff with comments.

There being no further business to come before the Liquor Control Board, the meeting was adjourned at 2:26 p.m.