05-01-1980 CCMMINUTES
SPECIAL MEETING - HUTCHINSON CITY COUNCIL
THURSDAY, MAY 1, 1980
The special meeting was called to order at 9:30 A.M. by Mayor Westlund, with the fol-
lowing present: Aldermen Peterson, Lueneburg, and Gruenhagen as well as Mayor Westlund.
Absent: Alderman Beatty. Also present were: Administrative Assistant Plotz, Chief of
Police O'Borsky, City Attorney Schantzen, in addition to Sue Larson, Manager of T. L.
Scalawags; Brad Larson and Larry Stenmark, owners of Hutch Bowl; and Don Mogard, Mana-
ger of Godfather's Pizza.
Mayor Westlund stated the purpose of the meeting was to discuss an "On -Sale" Non -Intoxi-
cating Malt Liquor License for Hutch Bowl and the serving of intoxicating liquor. He
presented some background information on the issue in question and stated that the God-
father's Pizza and Hutch Bowl both had 3.2 beer licenses in the past. The City Attorney
was then asked for his legal opinion on the matter.
City Attorney Schantzen stated it was his opinion that Scalawags qualified for the liquor
license in accordance with the City Ordinance inasmuch as food was available from the
Godfather's Pizza. However, the law prohibits the consumption of intoxicating liquor
on the premises where only a Non -Intoxicating Malt Liquor License had been issued.
Without a 3.2 beer license, the bowling alley can legally serve intoxicating liquor
from Scalawags.
Chief of Police O'Borsky commented the Ordinance is a mtter of interpretation, and the
City Ordinance is stricter than the State law. He further stated the owner of the Scal-
awags has managerial control over the Godfather's Pizza. No intoxicating liquor is
served in the pizza area, only 3.2 beer. No strong beer is served in the bowling alley
on Sunday. Chief O'Borsky pointed out that minors are not permitted to loiter in an
area where liquor is served without parents present.
Mr. Larry Stenmark asked if 3.2 beer could be sold in the bowling alley if the window
into Scalawags was closed.
Mr. Brad Larson stated the bowling alley had grossed a considerable profit from the
sale of 3.2 beer, and they would lose business and income without a 3.2 beer license.
He would like to see the bowling alley operation remain the same as in the past, with
the sale of 3.2 beer throughout the week. Mr. Larson further reported signs were re-
cently put up in the alley game area prohibiting food and drinks. Also, periodically
the lockers are checked for bottles, and if found, they are removed. A commission is
paid to the bowling alley on the liquor sold through the window. Mr. Larson wondered
if the bowling alley could sell strong beer from its counter.
Mayor Westlund informed Mr. Larson it would not be legal to sell strong beer without
an intoxicating liquor license.
Mr. Stenmark asked why the operation of the bowling alley and Scalawags had come up
for question since it had not been an issue in the past two years.
COUNCIL MINUTES
MAY 1, 1980
Chief of Police O'Borsky commented he had not been aware of the relationship of the
three entities within the same building. Since he had no knowledge of their business
arrangement, he was under the impression that Tom Dolder could speak for everyone in-
volved. Messrs. Larson and Stenmark would have been included in the previous discus-
sion had he been aware of their desire for a Non -Intoxicating Malt Liquor License for
the bowling alley. The City Attorney had given a legal opinion, and he thought it had
been worked out to everyone's satisfaction. He pointed out minors are loitering in
the area where liquor is being served. Also, liability enters into the picture if some-
one would get hurt or killed and the bowling alley was selling without a proper license.
Mayor Westlund commented the City was being flexible in allowing liquor to be served
in the bowling alley at all since the original license had been issued to Scalawags.
He thought it would be to the bowling alley's advantage to work something out with
Tom Dolder. The beer counter in the alley would have to be closed since they will no
longer have a 3.2 beer license, with no beer sold in the alley. The final decision on
the operation of selling liquor rests with the owners of the bowling alley and Tom
Dolder, owner of the building, as to how they wish to handle the matter.
There being no further business, the meeting adjourned at 10:12 A.M.
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