Liquor & Gambling Control Committee

LIQUOR AND GAMBLING CONTROL COMMITTEE April 1, 2015 Page 1 Members Present: Berg, Connole, Hatlelid, Shomento Members Absent: Seymour Others Present: City Manager, City Clerk, Assistant City Attorney, City Assessor, Assistant City Assessor, City Treasurer, City Engineer, Assistant City Engineer, City Planner, Building Official, Fire Chief, Police Chief, Captain White, Zoning Enforcement Officer, Public Works Director, Aud/Rec Director, Public Information Officer, Alderman Olson, Dave Schwengler, Brandon Rowenhorst, Pat Seaworth, and Mayor Barney To the Honorable Mayor and All Aldermen: Following are the minutes of the Liquor/Gambling Control Committee meeting called to order at 4:47p.m.on April 1, 2015: 1. The City Council approve the request from Gary Huber of Blind Duck, LLP dba Blind Duck, for a transfer of a Retail Liquor and Beer License to Rose’s Blind Duck, LLC. dba Blind Duck (1524 South Broadway), effective April 7, 2015, subject to receipt of all documentation and approval by the Police Chief and Building Official. ********** The above motion by Alderman Connole, seconded by Alderman Berg and carried unanimously. 2. The City Council place and pass on first reading an ordinance amending Chapter 5 (Alcoholic Beverages), Article I (In General) and Article II, of the Code of Ordinances relating to Alcoholic Beverages. ********** Alderman Hatlelid stated the City has not revised the ordinances in over 30 years and most of the proposed changes involve the supper club licenses. Alderman Connole moved the Committee approve the proposed amendments to the alcohol ordinances and forward them to City Council for the first reading at the April 6, 2015 meeting. Motion seconded by Alderman Shomento. Shanda Cool of Sweet and Flour, appeared before the Committee as a representative of the downtown supper club license holders. She stated they agree with the changes to the supper club licenses requiring businesses to supply financial information verifying food and liquor sales. She noted the license holders do have concerns regarding the full kitchen and full menu revisions. She said this restriction would severely impact smaller downtown businesses who have limited staff to accommodate the additional kitchen hours and this request would require added man-hours putting a more financial burden on these businesses. She said the license holders would like no restrictions on the kitchen or menu, which is what the current ordinance has. She said costs to operate a restaurant/supper club are steep, and these establishments do not have a liquor license which has monetary value when being sold. LIQUOR AND GAMBLING CONTROL COMMITTEE April 1, 2015 Page 2 Upon questioning by Alderman Shomento, Ms. Cool stated food is served during all hours of her operation but not the full menu as there is no kitchen open. She stated the same menu is not served all day. Alderman Connole expressed his support for the restriction requirement. He stated he believes that if supper club license holders close their kitchen and do not serve food, they are in essence, the same as a bar. He said he would like to keep the ordinance simple with some restrictions. Alderman Shomento stated he was agreeable to having an accountant’s certified letter or sales tax report to confirm food/liquor sales. The Finance Director stated she would need to get numbers from business owners or their accountants. She said the City cannot request this information from the State Tax Office. Shawna Downing of 6801 27th Ave appeared before the Committee to speak on behalf of bar owners. She stated the issue is not about competition to then. She said they are concerned if the City hands out more supper club licenses it will only make those bars holding liquor licenses worth less, when it comes time to sell their business. The City Attorney, as requested by Ms. Downing, reviewed the current supper club license as stated in the Minot Municipal Code of Ordinances. Scott Knudsvig of Pringle & Herigstad Law Firm, appeared before the Committee as a representative for Dakota Dave’s Steakhouse. He stated he is in agreement with all of Ms. Cool’s points. He said the current ordinance has allowed these businesses to flourish and restrictions will hamper growth. He verified that Dakota Dave’s serves food whenever the business is open. Daniel Haff, representing Souris River Brewery reminded the Committee that supper club licenses do not have the advantage of doing off-sale. He stated even though his business has a tap brewers license, the business still sold 60% food last year. Miles Parizek representing Starlite Club expressed his concern on supper club license holders allowing dancing. He said he would like to see supper clubs closed earlier than the bars citing safety concerns for the police due to having too many liquor establishments. Chad Thompson representing the Starving Rooster inquired as to what dictates a full menu if a grace period is required. He is concerned this change in ordinance is being too restrictive and confirmed his restaurant’s liquor service closes with the kitchen. Ms. Cool stated the 1 hour grace period would not help in the fine dining establishments if the full menu is required to be offered. She noted she is not aware of any police calls to area supper clubs. Rose Keyes of Rose’s Blind Duck appeared before the Committee in opposition of supper clubs having less restrictions. Jeremy Mahoney of the Starving Rooster expressed concerns with the requirement of a full menu all day. LIQUOR AND GAMBLING CONTROL COMMITTEE April 1, 2015 Page 3 Alderman Connole stated he thinks there should be some restrictions on supper clubs so as not to operate as a bar. Alderman Connole moved the Committee restrict supper club license holders in serving liquor up to 2 hours after kitchen closes. The motion died due to lack of a second. Whereupon a vote was taken on the original motion by Alderman Connole seconded by Alderman Shomento and was carried by the following roll call vote: ayes: Connole, Hatlelid, Shomento. nays: Berg 3. Pursuant to the Code of Ordinances, we are requesting Committee and Council ratification of the following administratively approved requests: a. Chase Latendresse Benefit for a charity local permit to conduct a poker tournament on March 28, 2015 at the Sleep Inn & Suites (2400 10th St. SW). b. Capri Bar for a special event permit on March 7, 2015 at Minot Auditorium (420 3rd Ave SW). c. Bel Air Elementary PTA for a local permit to conduct raffle from March 16, 2015 to April 17, 2015 at Bel Air Elementary (501 25th St. NW). d. Omicron Tau Honor Society in Nursing for a local permit to conduct raffle on May 7, 2015 at Taube Museum of Art (2 N. Main St). e. Maysa Arena Expansion Committee for a local permit to conduct raffle from May 13, 2015 May 14, 2015 at the Maysa Arena (2501 Burdick Expy W). f. Washington Elementary PTA for a local permit to conduct raffle from April 1, 2015 to April 30, 2015 at Washington Elementary School (600 17th Ave SE). g. Grand Hotel for a special event permit on March 19, 2015 at Ackerman/Estvold Engineering (1907 17th St. SE). h. Grant Lawson Benefit for a charity local permit to conduct raffle from March 6, 2015 to May 30, 2015 at Union Hall 714 (1925 N. Broadway). i. Harley Owners Group – Minot Chapter for a local permit to conduct raffle from January 1, 2015 to December 31, 2015 at Magic City Harley Davidson (515 20 th Ave SE). j. Souris Valley United Way for a local permit to conduct raffle on May 2, 2015 at North Hill Bowl (1901 N. Broadway). k. Thrivent Financial Action Team for a local permit to conduct a raffle on March 29, 2015 at Planet Pizza (220 S. Broadway). l. Off the Vine for a special event permit on March 26, 2015 at Trendz Boutique (106 S. Main St.). m. Off the Vine for a special event permit on April 9, 2015 at Lillians (16 S. Main St.). n. 125 Motorcycle Club for a local permit to conduct raffle on July 15, 2015 at Ranger Lounge (1218 S. Broadway). o. Souris Valley Ducks Unlimited for a local permit to conduct raffle on March 27, 2015 at the Grand Hotel (1505 N. Broadway). ********** The above motion by Alderman Connole, seconded by Alderman Shomento and was carried unanimously. LIQUOR AND GAMBLING CONTROL COMMITTEE April 1, 2015 Page 4 4. Approve the request by The Pour Farm for a special event permit on June 27, 2015 (515 20 th Ave SE). Alderman Connole moved to deny the administrative approval for The Pour Farm’s special event permit on June 27, 2015 (515 20th Ave SE). Motion seconded by Alderman Shomento. Alderman Connole asked why Dakota Dave’s Steakhouse was having an event permit for their own address. The Chief of Police and City Clerk confirmed this event was for Dakota Harley Davidson in the same complex. Alderman Connole and Alderman Shomento withdrew their motions to deny. Alderman Connole moved the Committee approve the request by The Pour Farm’s special event permit on June 27, 2015 (515 20th Ave SE). Motion seconded by Alderman Shomento. Whereupon a vote was taken by Alderman Connole to approve the request by The Pour Farm for a special event permit on June 27, 2015 (515 20th Ave SE). Motion seconded by Alderman Shomento and was carried by the following roll call vote: ayes: Berg, Connole, Hatlelid, Shomento. nays: none There being no further business, Alderman Hatlelid adjourned the Liquor and Gambling Control Committee meeting at 5:43p.m. Respectfully Submitted, Lisa Jundt, City Clerk