03-21-1989 - Laserfiche WebLink

Minutes--March 21, 1989 207 9.BEER/LIQUOR, ~imny Mr. Robert Zimny was present represented by Attorney Brian Nelson, and Terry Bastien was present represented by Attorney Tim Davies concerning an Application for County Beer and Liquor Licenses submitted by Robert Zimny for the Lower 48 at Wild Rice. The Commission received a report from the Cass County Sheriff's Department dated March ]0, 1989. A letter from the States Attorney was dated March 20, 1989, and received on March 21st recommending that the applications for beer and liquor licenses submitted by Robert R. Zimny for calendar year 1989 be denied pursuant to the provisions of Sections 5-02-01 and 5-02-02 of the North Dakota Century Code and Sections 10-08-01-01, 10-08-01-02, and 10-08-01-03 of the North Dakota Administrative Code. Mr. Nelson addressed some things in the letter from the States Attorney, and he asked Mr. Zimny if it is his intent to run the bar. Mr. Zimny stated that it is, and he indicated that he has been in the liquor business about ten years and is on the Board of Directors of the North Dakota Beverage Dealers. Terry Bastien stated that she owns the land and building at Wild Rice, and that P&G New Horizons held a liquor license until February of this year but defaulted in their lease to her. She stated that she did assist Mr. Zimny in preparing the applications for liquor and beer licenses as she has known him for 15 years but has never had a business involvement with him. Robert Hoy stated that it is not his intentions that there never be a liquor license at this location, but the Sheriff's Report attempted to verify who would be operating and managing the premises. It supports the County's concern that Terry and James Bastien are going to be involved in the management. Commissioner Shannon offered two choices, either to vote "No" today based on the States Attorney's recommendation or to delay a vote for two weeks to allow further review. Mr. Zimny called for a vote today. He could not see a benefit of waiting two weeks. MOTION, tabled Mr. Shannon moved and Mrs. Toussaint seconded to deny the application for a County beer and liquor license at the Lower 48, as recommended by the States Attorney. Mr. Davies stated that Terry Bastien would rather have this matter deferred until they can try to convince the gomission that this is an arm's length agreement between herself and Robert Zimny. Brian Nelson stated that he would have no objection to this. Mr. Shannon moved and Mrs. Toussaint seconded to table the motion until the next meeting. Motion carried.