Liquor & Gambling Control Committee

LIQUOR AND GAMBLING CONTROL COMMITTEE April 29, 2015 Page 1 Members Present: Connole, Hatlelid, Shomento, Seymour Members Absent: Berg Others Present: City Manager, City Clerk, Assistant City Attorney, City Assessor, Assistant City Assessor, Finance Director, City Comtroller, City Engineer, Assistant City Engineer, City Planner, Building Official, Police Chief, Captain White, Zoning Enforcement Officer, Public Works Director, Assistant Public Works Director, Aud/Rec Director, Public Information Officer, Alderman Olson, Dave Schwengler, Jill Schramm, Wanda Staab, Mark Lyman, Pat Seaworth. To the Honorable Mayor and All Aldermen: Following are the minutes of the Liquor/Gambling Control Committee meeting called to order at 4:30p.m.on April 29, 2015: 1. The City Council approve the request from Concession Services, LLC, dba The Wurst Place (101 Central Ave W) for a Supper Club License – Renaissance Zone, effective May 5, 2015, subject to receipt of all documentation and approval by the Police Chief and Building Official. ********* The above motion by Alderman Hatlelid, seconded by Alderman Connole and carried unanimously. 2. The City Council approve the request from Sezalped, LLC dba Angelos Pizza and More (300 30 th Ave NW Unit E) for a Retail Beer and Wine License, effective May 5, 2015, subject to receipt of all documentation and approval by the Police Chief and Building Official. ********** The above motion by Alderman Hatlelid, seconded by Alderman Connole and carried unanimously. 3. Pursuant to the Code of Ordinances, we are requesting Committee and Council ratification of the following administratively approved requests: a. Minot Matwrats Wrestling Club for a local permit to conduct a raffle on April 18, 2015 at the Magic City Campus (1100 11th Ave SW). b. St. Theresa Church of the Little Flower for a local permit to conduct a raffle on April 29, 2015 at Ann Nicole Nelson Hall Minot State University (500 University Ave W). c. MLT Employee Group for a local permit to conduct raffle from April 1, 2015 to April 26, 2015 at Minot State University Dome (500 University Ave W). d. Gymagic Gymnastics for a local permit to conduct raffle on April 1, 2015 through December 31, 2015 at Municipal Auditorium and Gymagic Gymnastics (420 3 rd Ave SW/600 21st St. SE). e. Shawn and Holly Forsman Benefit for a local permit on April 1, 2015 through May 9, 2015 at the Fireside Lounge (2605 Burdick Expy). LIQUOR AND GAMBLING CONTROL COMMITTEE April 29, 2015 Page 2 f. Women’s Leadership Committee for a local permit to conduct raffle from April 1, 2015 through April 16, 2015 at the Sleep Inn & Suites (2400 10 th St. SW). g. Sevens Bar & Restaurant for a special event permit on April 23, 2015 from 4:00pm – 7:00pm at First International Bank and Trust (2150 21 st Ave NW). h. Dreamcatchers for a local permit to conduct a raffle on April 10 , 2015 through December 31, 2015 at Maysa Arena (2501 Burdick Expy W). i. Riding for the Homeless for a local permit to conduct raffle on June 20, 2015 at Nola’s Lounge (919 Burdick Expy W). j. Sports on Tap for a special event permit on April 24, 2015 at 9:00pm at Tap Basement (220 S. Broadway). k. Souris Valley Animal Shelter for a local permit to conduct raffle on April 18, 2015 at the Grand Hotel (1505 N. Broadway). l. Colin Brown Y’s Men Club for a local permit to conduct a raffle on September 7, 2015 through December 28, 2015 at Minot Family YMCA (3515 16th St. SW). m. Domestic Violence Center for a local permit to conduct a raffle on August 22, 2015 at The Landing Bar and Bottle Shop (2015 N. Broadway.). n. Saturday, May 9, 2015. At the South Hill Complex including the east and west end parking lots. Men’s Early Bird Softball Tournament. 8:00am – 11:00pm. o. Saturday, May 9, 2015. At the Sertoma Keith White North Hill Complex, including all parking lots adjacent to the complex. Men’s Early Bird Tournament. 8:00am-11:00pm. p. Saturday, July 18, 2015. At the Sertoma Keith White North Hill Complex, including all parking lots adjacent to the complex. Men’s and Women’s State Fair Softball Tournament. 8:00am-11:00pm. q. Saturday, July 18, 2015. At the South Hill Complex including the east and west end parking lots. Men’s and Women’s State Fair Softball Tournament. 8:00am-11:00pm. r. Sunday, July 20, 2015. At the Sertoma Keith White North Hill Complex, including all parking lots adjacent to the complex. Men’s and Women’s State Fair Softball Tournament. 8:00am-11:00pm. s. Sunday, July 20, 2015. At the South Hill Complex including the east and west end parking lots. Men’s and Women’s State Fair Softball Tournament. 8:00am-11:00pm. t. Saturday, August 15, 2015. At the Sertoma Keith White North Hill Complex, including all parking lots adjacent to the complex. Men’s State Rec 4 West Softball Tournament. 8:00am-11:00pm. u. Saturday, August 15, 2015. At the South Hill Complex including the east and west end parking lots. Men’s State Rec 4 West Softball Tournament. 8:00am-11:00pm. v. Sunday, August 16, 2015. At the Sertoma Keith White North Hill Complex, including all parking lots adjacent to the complex. Men’s State Rec 4 West Softball Tournament. 8:00am-11:00pm. w. Sunday, August 16, 2015. At the South Hill Complex including the east and west end parking lots. Men’s State Rec 4 West Softball Tournament. 8:00am-11:00pm. x. Minot Soccer Association for a local permit to conduct a raffle from May 17, 2015 through August 31, 2015 at the Optimist Soccer Complex (21st Ave NW). y. The Landing Bar & Bottle Shop for a special event permit on May 16, 2015 from 7:00am-7:00pm behind the Landing Bar West Side. ********** The above motion by Alderman Hatlelid, seconded by Alderman Connole and carried unanimously. LIQUOR AND GAMBLING CONTROL COMMITTEE April 29, 2015 Page 3 4. The City Council place and pass Ordinance. No. 4970 on second reading, amending Chapter 5 ( Alcoholic Beverages), Article I (In General) and Article II, of the Code of Ordinances Relating to Alcoholic Beverages ********** The above motion by Alderman Hatlelid moved the Committee place and pass Ordinance. No. 4970 on second reading, amending Chapter 5 (Alcoholic Beverages), Article I (In General) and Article II, of the Code of Ordinances Relating to Alcoholic Beverages. Motion seconded by Alderman Connole. Alderman Hatlelid moved to amend the motion to state a “Supper Club license shall discontinue the sale and consumption of alcoholic beverages on the licensed premises within one (1) hour of the time that the full kitchen is in operation and the full menu is offered,” also a “private golf course license shall discontinue the sale and consumption of alcoholic beverages on the licensed premises within one (1) hour of the time the kitchen is in operation and the full menu is offered, however, this exception shall not apply when the licensee is catering a special event (e.g. Wedding reception) on the licensed premises.” Motion seconded by Alderman Connole. Chad Thompson, representing the Starving Rooster stated what is considered a full menu and how does it affect menus that change from one meal period to another, and who will dictate what a full menu is. He stated these restrictions will cause problems for the smaller supper clubs who have limited staff during the later hours. Upon questioning by Alderman Connole, Mr. Thompson stated the Starving Rooster closes one hour after the kitchen and that hour restriction will affect other Supper Club owners. Alderman Connole checked with various chain restaurants such as Olive Garden and confirmed most national chains follow the same procedure. He stated Olive Garden monitors the consumption of alcoholic beverages served to customers in bar areas who are not eating. He said they only allow customers to have two drinks without food and ask them to leave after that if food is not ordered. Alderman Connole said some current Supper Club license holders have the wrong license and should have a specialty beer and wine license. He continued by saying the Supper Club license holders have an obligation to see that children are attended to by parents or guardians at all times. Mr. Thompson stated there are big differences between the chain restaurants and the independent restaurants noting independent restaurants have more difficulty in being successful because they do not have the marking to promote them like the big chain restaurants. He stated he does not see a positive outcome for the independent restaurants by regulating hours with a full kitchen open and the full menu option. He said he believes the compliance requirement to certify that food sales exceed liquor sales should be sufficient. Alderman Shomento stated he believes regulating the hours clouds the compliance issue and does not accomplish anything. Jeremy Mahaney of the Starving Rooster stated if the ordinance revision passes , his business will need to create a menu that will be considered a full menu until closing. Alderman Hatlelid, stated he had reviewed several liquor ordinances for North Dakota cities and confirmed the regulating of hours is not uncommon. Upon questioning by Alderman Shomento, the Assistant City Attorney reviewed the state statute pertaining to servers under the age of 21. LIQUOR AND GAMBLING CONTROL COMMITTEE April 29, 2015 Page 4 Shanda Cool, representing Sweet and Flour, expressed her concern the Council only wants big chain restaurants and not small independent ones. She asked what their intent is in changing this ordinance, and stated she understands and agrees with the compliance oversight for food to liquor sales. She noted she has never heard of a minor being served liquor in a Supper Club and has never served a minor in her own establishment. Melissa Lovelace of Nola’s Lounge, stated she believes there needs to be a difference in Supper Club licenses and full liquor licenses, noting her business needs to meet a bottom line also. Shauna Downing of the Landing Bar stated she believes a Supper Club that closes their kitchen and discontinues food service is actually a bar. She stated the current ordinance states there needs to be meals served and not snack items. Sherry Colby of 6035 33rd Ave SE stated she believes the Supper Club licenses should not be competing with bars when their kitchen closes. Rose Kees of Rose’s Blind Duck expressed her concerns regarding what she has paid for her liquor license and what it will be worth in selling it, if the Supper Club ordinance is not revised. Daniel Haff of Souris River Brewing believes the only requirement should be for Supper Club to sell at least 51% food sales. He expressed his concerns that his business will need to struggle to get around ordinance restrictions to even stay in business. Alderman Connole made a statement that Supper Clubs have not offered any suggestions to change the ordinance. Mr. Thompson stated the Supper Club licensees were satisfied with the version the Council passed last month. Whereupon a vote was taken on the motion amendment by Alderman Hatlelid as amended, seconded by Alderman Connole and failed by the following roll call vote: ayes: Hatlelid, nays: Connole, Seymour, Shomento. Alderman Shomento moved to amend the motion to state a full kitchen must be open when the bar is open. Motion seconded by Alderman Hatlelid. Chief Olson asked Alderman Shomento if the motion’s intent was to require the kitchen to remain open all day. Alderman Shomento withdrew the amended motion and Alderman Hatlelid withdrew his second to allow for a more concise motion to be made. Alderman Connole moved to amend the motion to state a Supper Club license shall discontinue the sale and consumption of alcoholic beverages on the licenses premises within two (2) hours of the time the full kitchen is not in operation; and further, during all hours of the Supper Club, the full kitchen shall remain in operation for continued food sales. Motion seconded by Alderman Shomento and was carried by the following roll call vote: ayes: Connole, Hatlelid, Seymour, Shomento. nays: none. LIQUOR AND GAMBLING CONTROL COMMITTEE April 29, 2015 Page 5 Alderman Shomento moved to amend the motion to state a Supper Club shall not permit gaming on the licensed premises such as blackjack, pull tabs, bingo, or darts. Motion seconded by Alderman Connole and was carried by the following roll call vote: ayes: Connole, Hatlelid, Seymour, Shomento. nays: none. Whereupon a vote was taken on the original motion by Alderman Hatlelid as amended. Seconded by Alderman Connole and was carried by the following roll call vote: ayes: Connole, Hatlelid, Seymour, Shomento. nays: none. There being no further business, Alderman Hatlelid adjourned the Liquor and Gambling Control Committee meeting at 5:29p.m. Respectfully Submitted, Lisa Jundt, City Clerk