Liquor Control Board - February 21, 2024 Minutes
Agenda items are:
1. Approve minutes of the January 17, 2024 regular meeting and the January 25, 2024 Special Meeting.
Motion Stibbe
Second Brekke
Passed Unanimously
2. Review Liquor Applications
a. Benedict's FAR LLC d/b/a Benedict's Fargo — Class FA presented by Bear full service breakfast and lunch restaurant, full bar, food sales must exceed alcohol sales, no background issues.
Motion Brekke
Second Nelson
Passed Unanimously
b. FGI Hospitality d/b/a Hilton Garden Inn — Class ABH transfer from Fargo Lodging Associates presented by Bear full service license, requires hotel to have 100 rooms or more, no background issues.
Motion Hackman
Second Stibbe
Passed Unanimously
3. Police Department Monthly Report
a. General Report presented by Chief Zibolski, nothing in particular to report from last month, no questions from the Board.
b. Failed Compliance Checks
Pho D'licious 623 NP Ave, 2 minors entered the restaurant were served by a server that was not server trained, both patrons provided ID and it was missed that they were not of age, this was referred to the City Prosecutor. Piepkorn asked about scanners, and possibly requiring them when there is a compliance failure.
City Attorney Nancy Morris stated this is not in the Ordinance and there has been discussion, direction to work on Ordinance change would need to come from the Board. Chief Zibolski suggested that the Liquor Control Board make the motion to the Commission to direct the City Attorney study, review and propose potential Ordinance changes relevant to scanner use.
Motion to find violation of serving a minor and apply fee Stibbe
Second Hackman
Passed Unanimously
Motion to fine server training failure Nelson
Second Brekke
Passed Unanimoulsy
It was determined that this was Pho D’licious’ 1st offense.
c. Royal Liquors 3051 25 St S, Unit C, minor brought purchase to register, server did not ask for ID and completed the purchase. The server indicated it was their 4th day on the job and was not server trained, they do have a scanner but the employee did not know how to use it.
Motion to fine server training failure and compliance fine Hackman
Second Stibbe
Passed Unanimously
4. Other Items
a. De-Escalation Training wrap up presented by Sprague, it was a good class, however, he would have liked to have seen more people attend, there was not enough to fully cover the cost. Robyn Litke from Fargo Cass Public Health did mention there may be funding available to do another class.
b. Open Discussion regarding annual background checks and manager change reporting presented by Sprague, this has been discussed previously at brown bag meeting, looking for input from the industry.
Piepkorn stated that this is important to law enforcement to have someone to get in contact with when or if needed. Sprague mentioned that quarterly reviews will help with the workload.
c. Open Discussion regarding stream of service City Attorney Nancy Morris stated the City cannot be less restrictive than State Law. A draft of Ordinance change language was presented at Brown Bag meeting. Sprague stated that clarification needs to be made on who needs to be 21 in the service industry.
Motion to ask City Commission to direct the City Attorney to make Ordinance changes for annual background checks on owners and managers made by Hackman
Second Nelson
Passed Unanimously
Motion to ask City Commission to direct the City Attorney to change Ordinance in regards to stream of service made by Stibbe
Second Brekke
Passed Unanimously
Duane Litton asked if a public hearing is needed in regards to these items. City Attorney Nancy Morris answered that there does not need to be a public hearing.
d. Brady Martz food percentage audit presented by Sprague GOLF licenses were changed to have an option to be seasonal to help make the 50% food requirement easier to accomplish.
e. Other. Chief Zibolski stated there will be a press release made tomorrow morning that will be of interest to the Board.
Adjourned 5:20