The city's police chief told the Liquor Control Committee that the North Dakota Supreme Court recently found the city's overserving ordinance constitutional and upheld a determination that an establishment violated that ordinance. The chief said the court also found the city commission's prior actions were not arbitrary or capricious.
"Back a couple weeks ago, the Supreme Court did decide that our ordinance is not unconstitutional and further found that the city commission did not arbitrarily, capriciously, or unreasonably, or they weren't any of those in finding the windbreak violated that over serving ordinance," the police chief said. He added that the city attorney is working on related processes for enforcement.
The chief also praised a bouncer at a local venue in Bismarck who detained an assault suspect and held the individual until officers arrived. "We had an assault there a week or so ago ... the bouncer there properly detained the individual involved and held them until the officers got there," the chief said, noting that the partnership between taverns and law enforcement worked as intended.
Committee members had no further questions during the report. The chief's remarks were delivered as part of the department's monthly general report to the committee.