Liquor Control Board

Boards, Commissions & Committees

Liquor Control Board - May 18, 2022 Minutes

May 18, 2022 1:30 P.M.

Present: Commissioner Piepkorn, Kay Schwarzwalter, Robert Nelson, Lydia Tackett

Absent: John Stibbe

Others Present: Police Chief David Zibolski, City Auditor Sprague, City Attorney Nancy Morris, Assistant City Attorney William Wischer, Rick Carik, Rick's; Dustin Mitzel, Happy Harry's, Duane Litton, Duffy's, Dan Labernik, Labby's; Jared Hardy, Fargo Brewing, Dave Erickson, Bulldog Tap Joel Wold, Bottle Barn,

Meeting was called to order at 1:30 P.M.

1. Commissioner Piepkorn called the meeting to order and asked if there were any additions or corrections to the minutes of April 20, 2022. Moved by Tacket, seconded by Schwarzwalter to approve the minutes of April 20, 2022 of the Liquor Control Board all voted in favor, motion passed unanimously.

2. A. Application for the transfer of a Class AB alcoholic beverage license to BBDT LLC d/b/a Bottle Barn Off Broadway to be located at 618 2nd Ave N.
Sprague explained that this was originally Playmakers license that went to Avalon and then to Pickled Parrot. Pickled Parrot is now closed so it became available for a transfer. Joel Wold purchased and plans to have only off sale, building is located across from the ROCO parking ramp. Schwarzwalter asked if it is in the Kesler building and Sprague said that was correct. Chief Zibolski said they had approved the application based on the paperwork but some of the Downtown Resource Officers had some concerns about their being another off sale downtown. Piepkorn asked if they could restrict sales to nothing highly fortified, what actions would need to be taken. Sprague said Commission could regulate off sale but it would have to be across the board to all and would require an ordinance change. Chief mentioned there are restrictions for the Downtown Area already could they fall into that? Nelson agrees with Peipkorn. Joel Wold was asked to speak about his business plan and answer some questions, he mentioned that his intent was not to sell high gravity alcohol but higher end wines and such. They would not be open late, maybe 1 0am-9pm on weekdays, 1 0am-11 pm on Fri/Sat and 1 0am-7pm on Sunday. He stated that the reason for a 10 am opening would be to accommodate deliveries and sales people. There will be 16 cameras, ID scanners and 2 people working at all times. Chief Zibolski expressed concern that this license could be sold and the new owners won't follow the same business plan as Wold. Schwarzwalter stated as a resident of downtown she sees public intoxication regularly and isn't sure she feels comfortable with another off sale. Tackett is also concerned with public intoxication and feels that other downtown groups should be reached out to for their opinions, she will talk with the Homeless Coalition and ask their concerns Chief Zibolski said he could also talk with the Gladys Ray Shelter and ask what their concerns might be. Sprague asked Wold what his timeline looks like and Wold stated fall. Piepkorn mentioned possibly delaying to next meeting so they can research more. Sprague stated that right now there are only 2 establishments downtown that have off sale, Empire and Chubs Pub. Piepkorn would like to know the population of downtown and how many AB licenses there are. Chief Zibolski asked if the license could be approved at this time and restrictions worked on so that Wold can move forward. Schwarzwalter and Tackett agreed. Both Schwarzwalter and Tackett commended Wold on his business plan.

Moved by Piepkorn, Seconded by Nelson, to approve the transfer of Class AB alcoholic beverage license to BBDT LLC d/b/a Bottle Barn off Broadway motion passed unanimously.

3. Police Department monthly report. Chief Zibolski reported they met with the Windbreak to discuss ways to manage internal issue relating to over serving. Some of those suggestions were earlier Last Call, ID Scanners, management supporting staff when they refuse to serve. Piepkom was at the meeting also and felt they were less than receptive to suggestions and would like to know how happens now. Chief Zibolski said he plans to review data with the City Attorney before the next meeting and provide the Windbreak with enough notice to be able to respond.

4. Failure to attend annual meeting- Chipolte, Sprague reported that this is the 2nd year that this establishment missed the meeting. After the 2pm annual meeting Sprague tried to contact them and was unable to get out of their automated system. They were sent notification that they could attend today's meeting but no response. Tackett asked if the penalty is the same as last year, Sprague said yes. Schwarzwalter asked if we could double that fine, Sprague said that would require ordinance changes and he would rather try to find a contact, which will be the goal before next year.

Moved by Tackett, Seconded by Schwarzwalter, to fine Chipolte for failure to attend Annual Mandatory Meeting motion passed unanimously Schwarzwalter asked how the annual meeting went. Sprague stated it went well and they had people reach out to Chief Zibolski about de-escalating training. Chief Zibolski also stated that he was asked about training for bouncers as well.

Nelson asked about the non compliance failures and should there be an appeal process. Sprague mentioned that Schwarzwalter wants to talk with servers for their view. Schwarzwalter is interested in attending next year and Sprague said he believes the meeting is recorded so he will send her a link so she can watch this years.

William Wischer stated there were some questions from the last meeting in regards to criminal penalties and he could answer them now. Piepkorn asked him to proceed. In regard to fake ID's there are infractions and Class B Misdemeanors. The person with a fake ID or minor consuming is an infraction the establishment that sells to a minor would receive the misdemeanor. Schwarzwalter verified that we issue a $500 compliance fine and can the courts change that amount. Wischer stated that he deals with the criminal side of compliance failure and that it is possible and quite common that is lowered to $100 and/or deferred. Sprague said to keep in mind that the compliance fine the City issues is to the establishment, Wischer is referring to the individual that was serving.

There being no further business to come before the Liquor Control Board, the meeting was adjourned at 2:17 p.m.