Liquor & Gambling Control Committee

LIQUOR AND GAMBLING CONTROL COMMITTEE November 26, 2013 Page 1 Members Present: Connole, Krabseth, M. Miller, Withus, Seymour Members Absent: None. Others Present: City Clerk, City Attorney, Assistant City Attorney, Assistant City Assessor, Finance Director, City Treasurer, City Engineer, Assistant City Engineer, Fire Chief, Police Chief, Captain White, Public Works Director, Public Information Officer, City Planner, Jill Schramm, Brian Horinka, Alderman Jantzer and Alderman Olson To the Honorable Mayor and All Aldermen: Following are the minutes of the Liquor/Gambling Control Committee meeting called to order at 4:34 p.m. on November 26, 2013: 1. That the City Council ratify the following administratively approved requests: a. Minot Prairie Quilters for a local permit to conduct raffle on March 24, 2014 at Grand Hotel (1505 N Broadway) and on December 5, 2014 at Vincent Methodist Church (1024 2nd Street SE). b. Northern Plains Children’s Advocacy Center for a local permit to conduct raffle on December 21, 2013 at Sleep Inn & Suites (2400 10th Street SE). c. Mouse River Rollers for a local permit to conduct raffle on November 16, 2013 at Holiday Inn Riverside Coliseum (2200 E Burdick Expy). d. MSU Softball for a local permit to conduct raffle from November 8, 2013 to February 20, 2013 at the MSU Dome (500 University Ave W). e. Minot Family YMCA for a local permit to conduct raffle on November 23, 2013 at Minot Family YMCA (3515 16th Street SE). f. Blue Line Club for a local permit to conduct raffle from November 21, 2013 to February 6, 2014 at Maysa Arena (2501 Burdick Expy W). g. Dakota Lounge for a special event permit on December 10, 2013 at Ryan Chevrolet (1800 South Broadway). h. Dakota Lounge for a special event permit on November 21, 2013 at the Carnegie Center (105 2nd Avenue SE). i. Dakota Lounge for a special event permit on November 20, 2013 at Ryan Chevrolet (1800 South Broadway). j. Sports on Tap for a special event permit on December 20, 2013 at Sports on Tap basement (220 South Broadway). k. Sports on Tap for a special event permit on November 22, 2013 at Sports on Tap basement (220 South Broadway). LIQUOR AND GAMBLING CONTROL COMMITTEE November 26, 2013 Page 2 l. Minot USBC Bowling Association for a local permit to conduct raffle on November 9, 2013 at the Grand Hotel (1505 N Broadway). m. Minot Wrestling Boosters for a local permit to conduct raffle on April 1, 2014 at Magic City Campus (1100 11th Ave SW). ********** The above motion by Alderman Withus, seconded by Alderman Seymour, and carried unanimously. 2. That the City Council place and pass an Ordinance amending Section 5-35(b)(1) of the alcoholic beverages chapter; and further recommend the passage of the amended Ordinance tot eh City Council to be considered at the December 2, 2013 Meeting. ********** The above motion by Alderman Connole, seconded by Alderman Withus. The City Attorney appeared before the Committee to explain the reason for the requested amendment of the referenced ordinance. He stated a liquor license was issued to the Comfort Inn Suites in May of 2013 under the Hotel/Motel license exception. This exception states that a hotel must contain at least 100 rooms on the premises. He continued by saying it was brought to the City Clerk’s attention that the Comfort Suites was in violation of the license because the hotel did not contain the required minimum number of rooms. Issuance of the license was reviewed by City staff, and it was determined that the license was in fact, issued in error, and was not a fault of the applicant. The City Attorney continued by stating possible options to resolve the license violation. The first option, he stated, could be to revoke the license on condition that the room requirement was not met. This however, would mean the applicant would not receive a refund nor would the applicant be eligible to acquire a license for a minimum of 5 years. This would not seem fair as the error was the fault of City staff. Another possible option, would be to lower the number of rooms required to obtain this type of license. This would not be a fair option to those entities who had incurred expenses to meet the 100 room requirement. The Comfort Suites, Attorney Van Grinsven, indicated is adjacent to the Days Inn Hotel which is also owned by the same licensee. Combination of the number of rooms in both hotels more than exceeds the 100 room requirement, so an amendment to the ordinance is being proposed to resolve the issue. The amendment to the Hotel/Motel exception would be unique to this property, as the license would be null if either property were sold to a different owner. Alderman Krabseth stated the license violation was brought to his attention by another bar owner. He also stated the revisions to this ordinance are still restrictive enough, while presenting a solution to the current issue. Jim Maxson, Attorney representing the licensee, appeared before the Committee in favor of the ordinance revision. Whereupon a vote was taken on the above motion by Alderman Connole, seconded by Alderman Withus and carried unanimously. LIQUOR AND GAMBLING CONTROL COMMITTEE November 26, 2013 Page 3 There being no further business, Chairman Krabseth adjourned the Liquor and Gambling Control Committee meeting at 4:51 p.m. Respectfully Submitted, Lisa Jundt, City Clerk