Police: underage service and overserving have fallen; staff urge scanners and compliance checks

Fargo Police Chief Cybulski told the Liquor Control Board that overserving incidents at licensed premises have declined but that underage service and compliance-check failures remain a concern.

Cybulski praised local cooperation in one recent incident at the Bismarck, where management had already disciplined a bartender who was intoxicated while on duty. "I appreciate Jim taking action on that," Cybulski said, citing the establishment—s prompt response.

The transcript includes a detailed description — provided earlier in a panel presentation at the meeting — of steps retailers and cities have taken in other jurisdictions to strengthen prosecutions of fake IDs, including use of forensic ID scanners and multiple high-definition cameras to match a person—s image to scanner output. The meeting record lists Watford City as an example that requires forensic scanners at certain establishments. The transcript also noted that many fake IDs can cost from about $50 to $250–$300 and that confiscation of a suspected fake ID is permitted when staff have reasonable suspicion.

Cybulski said the city conducts routine compliance checks every three months with public-health partners and that those checks have helped reduce violations. "I think we're making really good progress," he said, noting fewer significant instances in licensed premises compared with several years ago. He also said the police have the administrative authority to inspect licensed premises and that some violations reported to officers are the result of patron behavior rather than establishment policy.

City staff and the board discussed whether Fargo can impose stricter penalties for minors than state law allows. A staff member identified as Nancy explained that state law sets the ceiling for offenses and local penalties can be equal to or lesser than the state's classification but cannot exceed them. "If the state has a class B, we can have an infraction or noncriminal, but we can never have more," Nancy said.

On food-compliance testing, staff reported 26 of 29 establishments passed initial reviews; one business had closed and one initially failed to respond but later provided the required information. Initial server-training data showed rates similar to the previous year, and staff said they were reviewing the roster to ensure appropriate job categories were included in the training counts.

Police and staff encouraged licensed establishments to try available scanners, which staff said are still being distributed free of charge for testing. The board did not adopt an ordinance to require scanners; members discussed that a targeted ordinance could be considered for certain high-risk nightclub-style venues but voiced concern about applying a one-size-fits-all approach to restaurants versus nightclubs.

The board received the police report for its information and directed staff to continue compliance monitoring and follow up on food-training and credit-history clarifications tied to licensing actions elsewhere on the agenda.