Liquor Control Board - May 15, 2024 Minutes
Agenda items are:
1. Approve minutes of the April 17, 2024 regular meeting.
Motion Brekke
Second Nelson
Passed Unanimously
2. Review Liquor Applications
a. KHP Fargo LLC d/b/a Kpot Korean BBQ & Hot Pot – Class FA to be located at 4410 17th Ave South (Johnny Carino’s) presented by Bear, new license, building is formerly Johnny Carinos and that license went to Cairo, food sales required, can have a physical bar, interactive dining experience, no background issues, Stibbe and Nelson asked about criminal background check fee, Sprague stated that because the business is based out of the East Coast the Police Department chose not to pay that fee and used the information from the Public background check.
Motion Stibbe
Second Brekke
Passed Unanimously
b. PKPHAM Inc. d/b/a The Nail Company to be located at 3706 Merrifield Dr. S – Class CW – Presented by Sprague, unable to reach the applicant asking to Postpone until June
Continue Motion-Brekke
Second Stibbe
Passed Unanimously
3. Police Department Monthly Report
a. General Report presented by Captain Chris Helmick, calls to the Windbreak, a few incidents were actually at Flyin’J, the calls to the Windbreak were nothing of concern, there was an incident at Cairo, shots fired reported in April and is still under investigation.
4. Other Items
a. Review server training compliance audit performed by Brady Martz.
Presented by Sprague, 70 licensees were audited, 29 passed 41 failed, notices will be provided and are subject to the $500 administrative penalty.
City Attorney Nancy Morris reviewed the repercussions of not having the mandatory server training as stated in the Ordinance.
b. Request from Pho Delicious to reconsider compliance failure and server training failure, presented by Sprague, this item was continued from April LCB, this business has had 2 compliance checks and failed both. Piepkorn would like to see a penalty of mandatory scanner use, City Attorney Nancy Morris stated that until there is an Ordinance change that would not be possible. Stibbe stated that he would like to see the Ordinance changed to mandate a scanner must be used when there are compliance failures, City Attorney Nancy Morris stated a motion needs to be made by the LCB to the City Commission to make this change. Owner Henry Tang was present and stated that he would like the penalty reduced, this establishment doesn’t sell a lot of alcohol and the tax they pay is a lot, they use a calendar that shows the server the dates but it was out of battery. Recommended motion is to apply an administrative penalty of $500 for compliance failure and an administrative penalty of $500 for server not being server trained, Stibbe asked if they can reduce the amount, City Attorney Morris stated they could not based on the Ordinance.
Recommend motion to find the violation of server training failure
Motion Brekke
Second Nelson
Passed Unanimously
Second Recommended motion to apply the compliance failure administrative fee
Motion Stibbe
Second Brekke
Passed Unanimously
c. Other – license renewal update, presented by Sprague, license renewals have been mailed, will renew everyone as of July 1st, after that we will break down the renewals to quarterly to give the Police Department time to do background checks on owners and managers.
Adjourned 2:12pm