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Liquor Control Board

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Liquor Control Board - April 17, 2024 Minutes

Agenda items are:
l .Approve minutes of the February 21, 2024 regular meeting
Motion Brekke
Second Nelson
Passed Unanimously

2. Review Liquor Applications
a. AKC Hoff Comp. LLC d/b/a Good Times on NP - Class C presented by Sprague beer only, does have a physical bar, no food sales required background issues are dated. The owner, Cordell Hoff was present. Hoff stated this will be a comedy club, speak easy style, with open mike nights for local talents. Hours of operation will be 4pm-Midnight.
Motion Brekke
Second Stibbe
Passed Unanimously

b. Request from The Boiler Room/Marge's Bar to forfeit the Class FA and operate under the Class Z presented by Sprague one application was received when the City had one Class Z license available. Dan Hurder with The Boiler Room/Marge’s Diner applied and the license was issued. Marge’s Bar and Marge’s Diner are separate. Marge’s Diner is located at 220 Broadway N and Marge Bar is located at 210 Broadway, Suite 90. The Boiler Room and Marge’s Bar were operating under the same FA license. It is in the best interest of the owner to forfeit the Class FA license and operate under the Class Z license. The owner, Dan Hurder was present. Hurder stated that because the FA licenses are readily available it didn’t make sense to hold on to one.
Motion Nelson
Second Stibbe
Passed Unanimously

3 Police Department Monthly Report
a. General Report presented by Chief Zibolski, there was a homicide outside of Southtown Pourhouse on 3/28/24, investigation showed it had nothing to do with the operations of the business, and they cooperated fully with the Police. Old Broadway had an aggravated assault at the Old Broadway, this incident is still being reviewed by the Cass County States Attorney office. The Empire had a simple assault, no charges were filed, it involved a bouncer and a customer. There is an ongoing investigation with Cairo Restaurant, there should be more information on that incident at the next Liquor Control Board meeting.

4 Other Items
a. Royal Liquors — reconsider server training administrative penalty
i. Original motion by Hackman, seconded by Stibbe presented by Sprague after the February 21, 2024 meeting Royal Liquors served a minor and the motion was to assess the administrative penalty for not having server training, subsequent to that meeting Sprague was provided documentation showing they did have server training. Recommended motion is to reconsider the February 21, 2024 vote and NOT apply the administrative penalty based on the documentation presented showing proof of server training.
Motion Brekke
Second Nelson
Passed Unanimously

Follow up discussion regarding a penalty that requires the business obtain a scanner rather than a monetary fine. Assistant City Attorney William Wischer stated that there is nothing in the Ordinance at this time. An Ordinance change would be necessary.

b. Request from Pho Delicious to reconsider compliance failure and server training failure
i. Compliance failure original motion, Stibbe, second Hackman ii. Server training original motion, Nelson, second Brekke presented by Sprague the notice provision was not provided, Sprague would like this moved to the next meeting so the proper notice can be given.
Motion Hackman
Second Brekke
Passed Unanimously

b. Other a walk up item was presented by Sprague, at a recent Downtown Community Task Force meeting the DCP (Downtown Community Partnership) presented a challenge with the Street Fair and consumption in public. There are two exceptions to consumption in public, First being the parking lot on the west side of the Fargodome for tailgating at NDSU Bison games and second for a DCP events. The current Ordinance reads that Alcoholic Beverage must be in a clearly identifiable event cup and the person consuming the alcohol must be wearing a clearly identifiable wristband, the vendors and the DCP would like vendors to supply their own cups rather than use the event cups. Rocky Schneider with the DCP was present and stated this issue was brought forward by the vendors, it is felt that just a wristband would simplify things. The recommended motion will be to ask the City Commission to direct the City Attorney to provide a Resolution that would allow a PILOT program so vendors provide their own cup/vessel for alcoholic beverages at DCP events.

Adjourned 2:06pm