Liquor Control Board - October 19, 2022 Minutes

LIQUOR CONTROL BOARD
October 19, 2022 1:30 P.M.

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

Absent: John Stibbe

Others Present: Assistant Police Chief Stefonowicz, City Auditor Steve Sprague, City Attorney Nancy Morris, Assistant City Attorney William Wischer

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 September 21, 2022. Moved by Tackett, Seconded by Schwarzwalter. Passed Unanimously

2. Review Liquor Applications – No new applications

3. A. Police Department Monthly Report presented by Assistant Police Chief Stefonowicz
Nothing to report on at Windbreak. Loud Noise Complaints downtown seem to be an issue Officer Helmick is working with DCP. A concerning issue with the incidents at Summit Nightclub, one involving an alleged firearm and another alleging Daniel Omane was the owner, a couple of overserving issues one at South Town Pour House resulting in a fight but that seemed to be an isolated incident. Nelson asked about the firearm and if anyone was arrested, Assistant Chief Stefonowicz stated that it was alleged and they were not able to establish that a firearm was involved. Nelson also asked about the fight that broke out where glasses and bottles were being thrown and what are the types of charges that can be against individuals involved. Assistant Chief Stefonowicz answered that all depends on the details and if an establishment has cameras that can be reviewed for them to make those charges. Tackett asked to have an update on Daniel Omane’s investigation and his involvement with Summit at the next meeting.
B. Brown Bag Preview Sprague stated that staff has concerns about what can be done with individuals that are causing issues and not running their establishments properly, including over serving and when the Ordinance was originally written the Chief of Police at that time stated it would not be easily enforced. No action today. Piepkorn asked when the Brown Bag will take place, Sprague said November 10th at noon and asked to be notified if there are any items to be added.

4. A. Server Training Changes Sprague referred to a memorandum that was brought forward at the last meeting and answered the questions that were asked, The ND Safety Council test can be retaken immediately, but they do need to register again, the test is not bi-lingual, nor is there closed captioning. Piepkorn asked if the City can participate in helping the State get closed-captioning. Sprague said he thinks it would be worthwhile for the City to make an investment in the program. De-escalating training is available through Zoom, but the State feels it is better in person. Piepkorn prefers to have both Zoom and In person options. Schwarzwalter took the ND Safety course and was impressed with the statistics presented. Sprague mentioned that he did make it available to the industry and received positive feedback. Sprague stated the recommended motion would be for the City Commission to direct the City Attorney to make changes to the Ordinance. Moved by Tackett Seconded by Schwarzwalter Passed Unanimously.

5. Kay’s Comments a statement was read by Schwarzwalter in regards to the observations that were mentioned at the last meeting and she would like to clarify there was no reference to neighbors that are un-housed, suffering, from mental health issues or addiction and at no time were they made for to feel unsafe while downtown.

There being no further business to come before the Liquor Control Board, the meeting was adjourned at 1:48 p.m.