Minutes - 2017 - City Council - 04/28/2017 - Special (2)EAGLE CITY COUNCIL
Special Meeting Minutes
April 28, 2017
1. CALL TO ORDER: Mayor Ridgeway calls the meeting to order at 7:30 a.m.
2. ROLL CALL: Present: KUNZ, BASTIAN, PRESTON. Absent: SOELBERG All
present. A quorum is present.
City Attorney Cherese McClain and Council President Preston are present via tele -conference.
3. Consideration of rescission of vote of Council on April 25. 2017 to deny 300' Distance
Waiver for the service and/or sale of alcoholic beverages— Rib Shack LLC.: Andrew Petrehn,
representing Rib Shack, requested a distance waiver as allowed in Idaho Code 23-913. State Code
does not allow alcohol to be sold or dispensed to be consumed within three hundred (300) feet of
any public school, church, or any other place of worship, except with approval of the governing
body of the municipality. Mr. Petrehn requested a waiver from Council for his business premises
located at 395 W. State Street to add the service of liquor to the above referenced premises. The
service of beer and wine was approved on October 27, 2015. By motion and unanimous approval
of the Council on April 25, 2017, the 300' distance waiver for the service and/or sale of alcoholic
beverages was denied. Mayor Ridgeway is requesting the Council consider rescinding its motion
of April 25, 2017 based upon additional information received from State of Idaho Alcohol
Beverage Control. (SKB)
City Attorney McLain reviews the history of the waiver action, as well discussion with Idaho
Alcohol Beverage Control regarding their interpretation of the waiver.
Mayor Ridgeway relays his conversation with State of Idaho, Alcohol Beverage Control (ABC)
representatives regarding the initial waiver that was received in 2015. The interpretation of the
State was that the waiver in 2015 was for alcohol in general, not for the specific type being poured
i.e. beer, wine and/or liquor by the drink. Thus, in the eyes of the State, an additional waiver was
not required for the addition of the service of liquor to the premises. Discussion regarding process
should the current license be denied and the reapplication process for beer and wine.
Council Preston discusses her experience with beer and wine licenses in relation to her interaction
with the State of Idaho, ABC. Discussion amongst the Mayor, Council and City Attorney.
Dallas Skindoff, 524 N. Quinkena Way Star, Idaho. He is a member of the Board with Eagle
Adventist Church. He states that the law is in place for a purpose, and while they sympathize with
the situation the Rib Shack is in, they believe the waiver should be denied. He is concerned with
the liability that would be incurred should Council ignore this law, would the Church be liability
for not bringing their concerns forward? Would the City be liable? Mr. Skindoff requests that the
City Attorney provide comment, if possible. The Board requests that the waiver be denied based
on the response.
Attorney McLain states that the State law has been in effect since 1947, it has been the
interpretation of the measurement points that have been changed. At one time the Idaho State
Police took the measurement from entrance to entrance; the current interpretation is to measure
from property line to property line. In the eyes of ABC, when the distance waiver was granted in
2015, it allowed the sale of all alcohol not merely beer and wine. Discussion regarding various
scenarios and whom would be liable should individuals be overserved and an accident occur.
Page 1
K:\COUNCIL\MINUTES\Temporary Minutes Work Area \CC-04-28-17spmin.docx
James Pigman 578 Monarch Street Eagle, Idaho. He asks if public notification was given when
this came forward in 2015. Mayor Ridgeway confirms that notification was provided to the
Church, as well as meeting notice being distributed in accordance with Idaho State Code
requirements..
UnidentOed Male: States that they do want to be good neighbors, however he believes that there
are two different State Code sections in play for this. One for beer and wine and one for liquor.
He contacted ABC and they confirmed that the initial waiver did allow for the service of all
alcohol. The individual asks for what measures that Mr. Petrehn will take to insure the safety of
children and the public, including security personnel, and what training his serving staff are given
to prevent the over service of alcohol.
Andrew Petrehn 1217 N. Chaucer Eagle Idaho. He addresses Council Presidents question
regarding re -applying for beer and wine. According to ABC, he would be unable to reapply until
the liquor license is placed elsewhere, which could take months. As of this moment, no alcohol
can be sold until the matter before Council is resolved. His business is a restaurant, and not a
stand-alone bar. The service of alcohol is not new to this location. Mr. Petrehn states that his
servers are trained to prevent the over service of alcohol. ABC has made available an online course
that his employees are required to take. The Mayor asks if they were to encounter someone that
is intoxicated what steps would be taken. Mr. Petrehn, states that service would be refused and a
cab would be called for the customer.
Discussion.
Kunz moves that the City of Eagle rescind the vote and decision of the Eagle City Council on April
25, 2017 to deny the 300' Distance Waiver for the service and/or sale of alcoholic beverages the
for Rib Shack LLC, and further request that if this motion is approved, that the City of Eagle issue
a new letter to the Rib Shack to make it very clear that their liquor license is valid for beer, wine
and liquor. Seconded by Bastian. KUNZ AYE: BASTIAN AYE; PRESTON AYE. MOTION
CARRIES.
4. ADJOURNMENT:
Kunz moves to adjourn. Seconded by Bastian. ALL AYES: MOTION
CARRIES
Hearing no further business, the Co
Re ectfully submitted:
cr
•
adjourned at 8:19 a.m.
90****0 40,0
NTZ••• *
R:
TRACY 0 BORN, i It
CLERK OF THE MEETING
4.
••.„ STAls"
-•.........100
AP OVED:
7-?
STAN RIDGEWAY
MAYOR
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT WWW.CITYOFEAGLE.ORG.
Page 2
K: COUNCIUMINUTES Temporary Minutes Work Area,CC-04-28-17spmin.docx