City Council Approves Pig Wheel and Blackjack in Supper Clubs

Corrected & Updated: our original reporting on this issue showed the vote as 11-3, the actual vote was 10-4. Also voting no was Alderman Schuler.

Update June 2, 8:32am: When originally published, the notation of ‘Sarcastic Commentary’ was not in place and included names of specific businesses that represent Minot’s growing and important restaurant culture. After realizing these businesses should not have been injected into this story, I removed their names and added attention to the portion of the story that is commentary. To the proprietors of the businesses mentioned previously, you have my apologies.

–Josh Wolsky, Publisher, The Minot Voice

After three months of back and forth, City Council wrote a new chapter in Minot’s supper club license saga tonight. The law is now final; here’s what we got.

• Supper clubs will be further regulated by law. They will now be required to stop serving alcohol within one hour of closing their kitchen.
• Supper clubs will be required to prove they serve more food than alcohol. In essence, this is a 50% food requirement.
• A late amendment will make gaming available in supper clubs. Sarcastic Commentary:  So, the next time you’re out at one of Minot’s supper clubs… maybe they’ll have blackjack and the pig wheel.
• As before, supper club license holder will pay the same annual fee as retail liquor license holders — $3,125.
• Another late amendment removed a bar-owner/supper club-owner agreed upon provision that would have given downtown businesses an extra hour of leniency.

Voting no on this law were Alderman Connole, Alderman Pankow, Alderman Fry, and Alderman Schuler. The other ten Alderman supported it.

In other business before the council, alderman voted to deny a zoning change request by a frac-sand supplier that is currently operating just west of the third street viaduct. The operation will be allowed to continue under a grandfather clause, but will not be allowed change their operations in a manner that necessitated a zoning change.

Here’s the language of the law before the amendments (numbering is not identical to actual city code):

Supper Club

1. A supper club license shall be for the on-sale of liquor, beer, and wine
   at an establishment defined as a supper club under section 5-1(18) of
   this code.
2. Fee. The fee for a supper club license shall be three thousand one
   hundred twenty-five dollars ($3,125.00) per year.
3. Restrictions.
   1. A supper club licensee shall derive, on an annual basis, more
      income from the sale of food consumed on its business
      premises than it does from the sale of alcoholic beverages
      consumed on its business premises;
   2. A supper club licensee shall not sell or deliver alcoholic
      beverages for consumption off the licensed premises, except as
      allowed pursuant to NDCC 5-02-13 and section 5-40(2) by
      way of a temporary permit;
   3. A supper club licensee shall not create or maintain a distinctive
      portion of the licensed premises where for the most part only
      alcoholic beverages and snack items are served to and
      consumed by the patrons of the supper club;
   4. A supper club licensee shall not sell the same alcoholic
      beverage or unit or measure of alcoholic beverage at differing
      prices during the course of any one (1) day;
   5. A supper club licensee shall not give away an alcoholic
      beverage if as a precondition to such gift it is necessary for the
      donee or any other person to purchase an alcoholic beverage
      other than the one being given away;
   6. A supper club licensee shall discontinue the sale and
      consumption of alcoholic beverages on the licensed premises
      within one (1) hour of the time the full kitchen is not in
      operation. During all other hours of the supper club, the full
      kitchen shall remain in operation for continuous food service;
      and
   7. A supper club licensee shall not permit any games of chance as
      described in Chapter 53-06.1 of the North Dakota Century
      Code and Chapter 18, Article III, Division 10 of the City of
      Minot Code of Ordinances.
4. Verification of Compliance Requirement.
   1. To verify that the licensee meets the requirement of section 5-
      16(6)(c)(i), a supper club licensee shall file with the application
      for license renewal a statement by a certified public accountant
      indicating that he or she has examined and tested the books and
      records of the licensee and that licensee’s food sales and
      alcoholic beverage sales for the previous year meet the
      requirements of section 5-16(6)(c)(i).
   2. The city council may, in its discretion, require the licensee to
      provide such additional proof of the licensee’s compliance with
      this section as the city council deems necessary.
   3. The city council may also, in its discretion, conduct an
      independent investigation of the sales ratio of food to alcoholic
      beverages and for such purpose, the licensee agrees to allow
      inspection of its business records.
5. Limitation on number of licenses. There shall be no restriction on the
   number of supper club licenses.