Liquor Control Board Working Session - September 17, 2024 Minutes
Discussion items include:
Sprague presented the agenda and stated that some of these items are things that were discussed in the past.
City Attorney Nancy Morris presented the recommendations that had been presented previously, manager background investigation has been accomplished, 100% server training completion has also been accomplished, de escalation training was provided, discussions in regards to the penalty overhaul, presented by Assistant City Attorney William Wischer.
Technology uses in respect to videos, metal detectors, wand scanners, ID scanners
Over serving Ordinance was addressed and updated.
1. Compliance Check Failures – Stibbe motion – options to reduce the penalty?
City Attorney Nancy Morris would like more direction on the recommendation for this item, Piepkorn believes you would still have the penalty and still have the option to use a scanner, if they already use a scanner then the violation would be applied. Chief Zibolski does not think the scanner is applicable to server compliance checks because the licenses being presented aren’t fake, the servers are looking at the license and not determining that the person is underage. City Attorney Nancy Morris asked if the Ordinance change would be for the underage issue, not compliance checks. Piepkorn and Nelson would like to see some flexibility to perhaps issue a waiver given the circumstances of each situation. He asked City Attorney Nancy Morris if a waiver would be okay, she stated that would be more of a policy issue, issuing a waiver would need to be applied objectively and uniformly across the board. Hackman stated the motion should be amended and perhaps after going through the penalty structure that might help decide which Ordinances this would be applicable too.
City Attorney Nancy Morris stated she feels there should be more discussion in regards to this before she can make any changes. Sprague suggested that the board think of situations where a waiver would be considered, and to keep the compliance check separate from a minor in an establishment.
2. Amend ordinances to mandate videos be available to Police – Videos storage minimum 30 days?
Sprague presented this item, the question if we can mandate this is a legal question. Currently a search warrant is needed to get video if there is not immediate cooperation from the establishment. Sprague asked if the search warrant has to be in connection with a crime and not just overserving, City Attorney Nancy Morris stated that yes, a license violation would be the reason for obtaining a search warrant. Piepkorn is concerned that it might encourage establishments to pull their videos so they don’t incriminate themselves. City Attorney Nancy Morris stated the questions are to acquire or have video, and what the quality and how long do they retain and when is it made available. Nelson feels this would be a step too far. Chief Zibolski stated that he feels about 90% of establishments are cooperative and he would be happy to research other cities and see how they operated. Brekke stated he believes when a camera is installed it is usually for internal reasons he does not think it would be the right road to go down.
3. Penalty structure overhaul?
Assistant City Attorney William Wischer presented, he referred to the ND DOT’s current driving penalty structure, each offense if given a number, there is a time line where those numbers drift off. Right now we are bound to the penalty matrix in the Ordinance. It would be a decision of the board on how to move forward in regards to restructure. City Attorney Nancy Morris stated this would take a lot of work to change but the current structure is quite old.
4. Scanner requirement?
Sprague stated that this has been discussed in the past, do we require establishments to have them after learning that not all scanners can pick up as many details as others, some establishments don’t sell as much alcohol as others, some also sell food and others don’t. These are some of the issues that need to be discussed. Piepkorn will not be supportive of requiring them. Encouraging establishments to use them rather than require. Brekke agrees and does not think they should be required.
5. Piepkorn asked about de-escalation training and if we will be having another class. Sprague said we can schedule another class, this does cost the City. Piepkorn would like to see it offered again and maybe it could be looked at again and see if there is a cost effective way to move forward.
6. Sprague stated the 1st of quarter of owner/manager renewals were sent out. Staff tried to group establishments with like business types. It is more manageable than doing them all at once.
Chief Zibolski agreed they have gone quite smoothly, he would like to update the background information form.
Adjourned 11:51 AM