04/10/2018 Special Commission Minutes

Valley City Commission Proceedings
April 10, 2018
7:00 AM Meeting, City Hall

President Carlsrud presided and continued with roll call at 7:00 AM.

Members present: Commissioner Magnuson, Commissioner Bish­op, Commissioner Powell.
Members absent: Commissioner Pedersen.

Others Present: City Administrator Schelkoph, City Auditor Richter, City Attorney Mertins, Police Chief Hatcher.

Roll Call

Pledge of Allegiance

New Business

Consider alleged violation of Alcoholic Beverage Ordinance by American Legion Club

City Attorney Mertins stated that the alleged violation is that an individual under the age of 21 was served and was later found obviously intoxicated at the American Legion Club. The American Legion Club waived an administrative hearing so therefore, the Commission needs to accept the waiver and make a finding that the alleged violation occurred.

James Riden, licensee appointed Judith Bennefeld to serve as a representative of the American Legion Club. Bennefeld confirmed the waiver of the administrative hearing and on behalf of the American Legion Club, admitted to alleged violations that an individual under the age of 21 was served and found obviously intoxicated.

Commissioner Magnuson moved to accept that the waiver of an administrative hearing was knowingly and voluntarily made, seconded by Commissioner Powell. The motion passed unanimously.

Commissioner Powell moved that there was sufficient evidence to find the American Legion Club violated the Alcoholic Beverage Ordinance, seconded by Commissioner Bishop. The motion passed unanimously.

Consider proposed disposition for American Legion Club regarding violation of Alcoholic Beverage Ordinance

City Attorney Mertins reviewed the proposed disposition. Commissioner Bishop clarified that the original disposition included a two week suspension but after meetings and negotiations with the American Legion Club the current disposition is recommended. Bennefeld stated the American Legion has obtained an ID scanner from City County Health District and is working to have server training for all servers.

Commissioner Bishop moved to accept the proposed disposition, seconded by Commissioner Powell. City Attorney Mertins read the proposed disposition for the record. The motion passed unanimously.


The meeting was adjourned at 7:18 am.

Dave Carlsrud, President of the
City of Valley City Commission

Attested to by:
Avis Richter, City Auditor
City of Valley City

Posted in City Commission Minutes.