Liquor Control Board Special Meeting - January 25, 2024 Minutes
The Liquor Control Committee will hold a special meeting on Thursday, January 25, 2024 at 2:00 p.m. in the City Commission Chamber at 225 4th Street North.
Agenda items are:
1. Review Possible Liquor Violations
a. Determine possible liquor license violations – The Windbreak – serving obviously intoxicated or impaired persons (FMC 25-1509.2)
Sprague stated this meeting is in regards to an event that occurred in October 21, 2023.
Chief Zibolski and Sargeant Golos presented. Golos saw this reported and felt it needed to be investigated further, the 96 minute event was broken out into specific time increments showing an individual consumed 10 shots and 4 mixed drinks, the individual was unable to walk and was escorted out by staff.
Windbreak represented by Tim O’Keefe. O’Keefe stated that the Ordinance does not state over-serving he believes that the board has already made their decision and read a statement that Commissioner Piepkorn had made at a previous meeting.
O’Keefe referred to an agreement that was made between the City of Fargo and the Windbreak and the steps that have been taken to improve and work with the City of Fargo.
The Ordinance does not address BAC, it addresses the appearance of an individual. O’Keefe does not see a violation of the Ordinance as it stands.
Brekke stated that he did see Windbreak personnel at the De Escalation training on January 24, 2024 and he was glad to see that. Brekke asked what the protocol would be on how the establishment would serve an individual that asks for a drink and a shot, or more than one shot. O’Keefe stated that an individual can order more than one shot and give it to other people. O’Keefe asked when it becomes the responsibility of the individual rather than the establishment.
Piepkorn asked if the individuals BAC was documented. Sargeant Golos stated that the jail takes that information when an individual is brought to detox.
Nelson commented that he believes the establishment is working to do things better, establishments need to be better than good, he does not believe the Windbreak is being picked on. He does not agree that establishments should be continuously fined until revocation of license, issues have been going on back to 2016, before this board and Chief Zibolski, it is not a personal thing towards the owner. Can improvements be made that gives the City of Fargo a feeling that this situation is getting safer.
O’Keefe added that because of the cooperation from the owner of the Windbreak is willing to work with Sargeant Golos, their performance over the last year has shown they are tyring to get better. O’Keefe believes similar issues must be happening in other establishments. They did not get notice of this violation until January 9, 2024.
Piepkorn requested to have the individuals BAC and the dates that he and Chief Zibolski met with The Windbreak, because this will be going to the City Commission. This would be the 2nd offense which is $1,000 fine, 1 day suspension to be determined by the Liquor Control Board.
Chief Zibolski concurs with comments in regards to working with Windbreak and there have been improvements in regards to underage drinking, he does not believe the over intoxication problem has been dealt with. Zibolski believes there is a culture in this establishment on how people are served and how alcohol is consumed.
19 times in 2023 Police was sent to this establishment for over intoxication, it takes time to go through these incidents and many hours are spent going through the video footage.
Chief Zibolski believes there is a culture in this establishment on how people are served and how alcohol is consumed, this has become a public safety issue at this point.
City Attorney Nancy Morris stated the agreement was signed by Mayor Mahoney in May 2023 and the owner of the Windbreak in June 2023. An Alcohol License is a privilege, granted by the City of Fargo and the rules are mandated by the City of Fargo. The question presented to the Board is did this the individual become intoxicated at this establishment and is this a violation of the Ordinance. There was a tab of the total of drinks this individual consumed it may have been known to servers how much has been consumed.
Motion to find a 2nd Violation of 25-1509.2, recommend to City Commission to impose penalty pursuant to 25-1512.F, which is $1,000 and 1 day suspension.
Moved Hackman
Second Brekke
Passed 4 to 1
Nelson opposed
Adjourned 2:42pm