ORDINANCE NO.

__________
An ordinance to amend Grand Forks City Code § 9-0404 relating to charitable gaming and
to amend Grand Forks City Code § 21-0205 relating to the classifications of alcohol licenses.
BE IT ORDAINED by the City Council of the City of Grand Forks, North Dakota,
pursuant to its home rule charter, Grand Forks City Code and N.D.C.C. ch. 40-11 that:
Section 1: Amending Clause to Amend Grand Forks City Code § 21-0205.
Grand Forks City Code §§ 9-0404, 21-0205(II)(3), 21-0205(II)(6), 21-0205(II)(10), 21-
0205(II)(Class 4), 21-0205(II)(Class 7), 21-0205(II)(Class 10), 21-0205(II)(Class 11), 21-
0205(II)(Class 13), 21-0205(II)(Class 16), and 21-0205(II)(Class 17) are amended to read as
follows (the amending language in bold, with deletions stricken through and additions underlined):
21-0205. - Same—Classifications.
The following classes of retail licenses are hereby established:
***
II. Special licenses:
***
(3) Excursion boat alcoholic beverages (class 10) Repealed.
***
(6) Service, convenience, or "mini" bar license (class 13) Repealed.
***
(10) Manufacturing Distillery (Class 17)
III. Class descriptions and requirements:
***
Class 4. Food and beverage establishment. The Grand Forks City Council
may issue an unlimited number of food and beverage
establishment licenses to permit the sale of alcoholic beverages on-
sale. Such a license may be issued only upon the following
conditions:
(A) A food and beverage establishment shall mean a licensee
that operates a restaurant, as defined in Grand Forks City
Code § 21-0701, and in which the licensed premises has a
designated and permanent kitchen where cooks and/or
chefs fully prepare and cook meals and food, and the
licensed premises employees then serve such prepared

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 and cooked meals for consumption by its patrons within
the licensed premises, including providing multi-course
meals of steak, fish, seafood, and other similarly menued
main courses as well as hors d'oeuvres and desserts. A food
and beverage establishment shall exclude a mobile food
vendor and an establishment that prepares and serves
only prepackaged, preprocessed or pre-prepared foods,
such as frozen pizzas, soups and sandwiches, that receive
no more than heat treatment and intended for fast or
convenient service. Main course menu items shall be fully
prepared and cooked on the premises and shall not be
primarily prepackaged, preprocessed, or pre-prepared
food products intended for fast or convenient service.
(B) Sales of off-sale alcoholic beverages shall not be permitted.
(C) No sale of liquor, beer or wine may be made to a customer
who does not also order at least one (1) food course from the
menu unless no more than fifty (50) forty (40) percent of the
annual gross income of the establishment is derived from the
sales of alcoholic beverages. Upon renewal of any class 4
license, the applicant shall certify, under penalty of
perjury, the total annual gross sales at the licensed premises
and the total annual gross sales of alcoholic beverages for
the most recent calendar year. The city may, in its
discretion, require certification, under penalty of perjury,
of any statement of sales by a certified public accountant
retained and paid by the license holder of the total annual
gross sales at the licensed premises and the total gross
sales of alcoholic beverages for the most recent calendar
year.
(D) Holders of food and beverage establishment licenses may
designate a lounge area not to exceed eight hundred (800)
square feet of seating area in which patrons may consume
alcoholic beverages (the “Class 4 Designated Lounge
Area”). No minors are permitted within the designated
lounge area Class 4 Designated Lounge Area at any time.
(E) Holders of food and beverage establishment licenses shall be
permitted to use a bar within the designated lounge area
Class 4 Designated Lounge Area for the preparation, sale
and service of drinks to customers. Adult patrons Patrons
who are at least twenty-one (21) years of age may be
seated in the designated lounge area Class 4 Designated
Lounge Area.

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 (F) The hours within which sales of alcoholic beverages may be
made shall coincide with the hours permitted by the State of
North Dakota for the sale of alcoholic beverages and shall
also coincide with the hours the kitchen is in operation.
(G) No dance floor or dancing shall be allowed in any licensed
food and beverage establishment except for private parties
conducted in a room separate from the public dining area.
(H) The lounge area Class 4 Designated Lounge Area must be
entered through the restaurant only. No separate, exterior
entrances are permitted. The Class 4 Designated Lounge
Area shall be sufficiently separated from the other areas
of the Class 4 food and beverage establishment premises
and shall have signs at each entrance into the Class 4
Designated Lounge Area to notify patrons that no minors
are permitted within such area.
(I) No gaming or gaming devices shall be allowed on the
licensed premises except, however, gaming and gaming
devices shall be permitted solely within the Class 4
Designated Lounge Area. All gaming, gaming devices
and gaming activities shall be located, conducted and
remain exclusively within the Class 4 Designated Lounge
Area and in no other part of the licensed premises of a
Class 4 food and beverage establishment. those eligible
organizations possessing a site authorization for a Class
4 licensed premise and conducting gaming on the
licensed premise as of May 1, 1993, shall be allowed to
continue the existing site authorization until such time as
the eligible organization conducting the existing gaming
terminates gaming activities on the licensed premises. No
other eligible organization shall be allowed to assume,
continue, or operate the gaming activities on the licensed
premise.
(J) The license holder must hold a valid and current city
restaurant license for the licensed premise.
Class 5. Hotel-motel alcoholic beverages. The Grand Forks City Council
may issue an unlimited number of hotel-motel alcoholic beverage
licenses to hotels and motels having one hundred (100) or more
guest rooms permitting the limited on- and off-sale of alcoholic
beverages. A hotel-motel license shall not include the privilege of
maintaining a separate store devoted exclusively to off-sale, but
shall authorize off-sale only within the confines of one (1) room in
which their on-sale bar or lounge is located. The hotel or motel shall
not, in any manner, advertise as an off-sale package store. The

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 intention of this limitation is to provide a service primarily to the
registered guests at the hotel or motel. Provided further, that the
room from which sales are made must be physically attached to and
be a part of the hotel or motel and that all on-sale alcoholic
beverages must be sold and consumed in the room or area of the
premises that is designated in the license for that purpose.
Temporary bars may be used in the banquet rooms or other areas for
special events such as conventions, dinner meetings, or similar
events; such areas need not be designated in that license. Provided
further, gaming and gaming devices shall be permitted solely
within the Class 5 Designated Gaming Area. All gaming,
gaming devices and gaming activities shall be located, conducted
and remain exclusively within the Class 5 Designated Gaming
Area and in no other part of the licensed premises of a Class 5
establishment. No minors are permitted within the Class 5
Designated Gaming Area at any time. The Class 5 Designated
Gaming Area shall be sufficiently separated from the other
areas of the Class 5 licensed premises and shall have signs at
each entrance into the Class 5 Designated Gaming Area to notify
patrons that no minors are permitted within such area.

***
Class 7. Golf course alcoholic beverages. The Grand Forks City Council
may issue two (2) special on-sale alcoholic beverage licenses to the
person(s) or entity(ies) designated by the Grand Forks Park District
to sell alcoholic beverages at the Lincoln Park Golf Course and the
King's Walk Golf Course. Such license may be issued only upon
the following restrictions and conditions:
(1) The licenses shall be special limited alcoholic beverage
licenses permitting limited on-sale retail sales of alcoholic
beverages at the Lincoln Park Golf Course and King's Walk
Golf Course, including any clubhouses.
(2) Retail sales of alcoholic beverages shall be restricted to
patrons of golf courses or clubhouse facilities.
(3) Service of alcoholic beverages pursuant to this license shall
be limited to the following hours and times described in
Grand Forks City Code § 21-0221(1).:
(A) 8:00 a.m. to midnight Monday through Saturday.
(B) 12:00 noon to midnight on Sundays provided that
the sales and service of alcoholic beverages are in

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 conformance with the restrictions and conditions
contained within section 21-0221 of this article.
(4) No off-sale distribution of alcoholic beverages shall be
permitted.
(5) Any license issued hereunder shall not be subject to the
qualification requirements contained within this article, nor
to any zoning or location requirements.
***
Class 10. Repealed Excursion boat alcoholic beverages. The Grand
Forks City Council may issue one (1) excursion boat on-sale
alcoholic beverage license to permit on-sale retail sales of
alcoholic beverages to passengers on an excursion boat
operating upon the Red River of the North. Such license may
be issued only upon the following restrictions and conditions:
(1) The vessel and applicant shall be in compliance with any
and all other licenses and restrictions that may be
imposed and required by any other regulatory or
governing body.
(2) The vessel is regularly engaged, on an annual or seasonal
basis, in the business of offering tours and excursions by
boat on the Red River of the North.
(3) The vessel moors, docks and boards passengers at a
location within the city limits of the City of Grand Forks.
(4) The vessel has a minimum certified seating capacity for
one hundred (100) persons.
(5) Sale or service of alcoholic beverages is limited to on-sale
only to passengers of the vessel. Passengers may not be
permitted to remove alcoholic beverages from the vessel.
(6) Sale or service of alcoholic beverages shall be allowed
only while the vessel is engaged in the offering or course
of a tour or excursion or when the vessel is moored to a
dock within the jurisdiction and limits of the City of
Grand Forks; provided that, alcoholic beverages shall
not be sold or served at any time while the vessel is dry-
docked, removed from the waterways of the Red River of
the North or otherwise rendered incapable of engaging
in the business of offering tours and excursions by boat
on the Red River of the North.

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 (7) The vessel and its operation shall be in compliance with
all applicable laws and regulations concerning health,
fire and safety.
(8) The vessel regularly sells meals and provides food service
in addition to sales of alcoholic beverages.
(9) Persons under the age of twenty-one (21) may be
permitted on the vessel in accordance with Section 5-02-
06 of the North Dakota Century Code, provided the area
where persons under the age of twenty-one (21) are
permitted is separate from the area where alcoholic
beverages are opened or mixed.
(10) Temporary bars may be set up and sale or service of
alcoholic beverages permitted to passengers anywhere
on the vessel at times when persons under the age of
twenty-one (21) are not permitted on the vessel.
(11) The license shall be issued on a seasonal basis
commencing annually on the first day of April and
terminating annually on the fifteenth day of November.
Class 11. Special or limited license.
(1) In accordance with N.D.C.C. § 5-02-01.1, the Grand Forks
City Council may issue special or limited licenses to existing
on-sale, off-sale, or on- and off-sale license holders
authorizing the sale of alcoholic beverages at special events
designated by the license. The license may not be valid for a
period greater than fourteen (14) consecutive days and may
include Sundays. The license issued under this subsection
shall be for a location other than the primary place of
business of the license holder. Persons under twenty-one
(21) years of age may attend and remain in the area of
the event, or a portion thereof only in accordance with
the provisions of N.D.C.C. § 5-02-01.1 and City Code §
21-0228(3).
(2) In accordance with N.D.C.C. § 5-02-01.1, the Grand Forks
City Council may issue special or limited licenses to existing
on-sale, off-sale, or on- and off-sale license holders
authorizing the sale of beer, wine or sparkling wine
alcoholic beverages at a special event held at the license
holder's permanent licensed premises when such licensed
premises are utilized for a private function and not otherwise
open to the public. Persons under twenty-one (21) years of
age may attend and remain in the area of the event, or a

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 portion thereof only in accordance with the provisions of
N.D.C.C. § 5-02-01.1 and City Code § 21-0228(3).As
further provided by N.D.C.C. § 5-02-01.1, persons under
twenty-one (21) years of age may remain in the area of
the event, or a portion thereof, where such beer, wine or
sparkling wine may be sold or served pursuant to the
license.
(3) In accordance with N.D.C.C. § 5-02-01.1, the Grand Forks
City Council may issue to a domestic winery, brewery,
distillery, cidery, or meadery owner or operator a special or
limited license under N.D.C.C. Ch. 5-02 to engage in the
"off-sale" of wine, beer, liquor, cider, or mead at special
events occurring within the City of Grand Forks as
designated by the license. The license under this subsection
shall be valid for no more than three (3) days per event and
no domestic winery, brewery, distillery, cidery, or meadery
owner or operator shall be granted more than two (2) licenses
under this subsection per year. The license may be issued for
a location other than the primary place of business of the
license holder and to a domestic winery, brewery, distillery,
cidery, or meadery owner or operator whose primary place
of business is outside of the city. Any license holder under
this subsection shall be exempt from the provisions
contained in Grand Forks City Code subsections 21-
0206(1)(I) and 21-0207(4). An applicant for license under
this subsection shall complete and file such application as
provided by the city auditor.
***
Class 13. Repealed Service, convenience or "mini" bar license. The
Grand Forks City Council may issue an unlimited number of
service, convenience or "mini" bar licenses to all hotels or
motels. Such a license allows a hotel or motel to sell alcoholic
beverages to their guests through the operation of a service,
convenience or "mini" bar located in the guest rooms, and may
be issued only upon the following conditions:
(1) All service, convenience, or "mini" bars shall be located
only in guest rooms.
(2) All service, convenience, or "mini" bars shall be designed
to prevent access to alcoholic beverages to all persons not
having a key. The access to and/or issuance of service,
convenience, or "mini" bar keys must be limited to the
license holder, an employee of the license holder, or a
registered adult guest of the hotel. The service,

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 convenience, or "mini" bar key shall be different from
the hotel guest room key, access by or issuance to persons
not of legal drinking age shall be prohibited at all times.
(3) The holder of a Class 13 license may sell the following
alcoholic beverages out of the service, convenience or
"mini" bar:
(A) Liquor in containers of not less than one (1) ounce
nor more than two (2) ounces;
(B) Wine in containers of not more than thirteen (13)
fluid ounces; and
(C) Beer in containers of not more than twelve (12)
fluid ounces.
(4) Stocking restrictions:
(A) All employees handling alcoholic beverages being
stocked in the service, convenience or "mini" bar
must be at least eighteen (18) years of age.
(B) A service, convenience, or "mini" bar may not be
restocked or replenished between the hours of
9:00 p.m. and 9:00 a.m. and it may contain no
more than forty (40) individual containers of
alcoholic beverages at any one time.
(C) A service, convenience, or "mini" bar may only
be maintained, serviced, or stocked with alcoholic
beverages by a person who is an employee of the
holder of the Class 13 license, and no other person
shall be authorized to add alcoholic beverages to
a service, convenience or "mini" bar, with the
exception of a registered guest consumer.
***
Class 16. Brewer taproom license. The Grand Forks city council may issue
an unlimited number of brewer taproom licenses to sell beer "on-
sale" and "off-sale", subject to the following restrictions and
conditions:
(1) Such license may be issued only to a person or entity holding
a license from the state tax commissioner pursuant to
N.D.C.C. § 5-01-14 and/or § 5-01-21.

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 (2) Any license issued hereunder will only authorize the licensee
to sell beer produced on the premises by the licensee at "on-
sale".
(3) Any license issued hereunder will only authorize the licensee
to sell beer produced on the premises by the licensee at "off-
sale" in brewery sealed containers of not less than 12
ounces (3.6 liters) and not more than 5.16 gallons (19.35
liters).
(4) A licensee under this section may apply for a Class 11
special or limited license as provided in this article.
(5) A licensee under this section may offer complimentary
samples of beer produced on the premises provided that the
size of each sample is no greater than two (2) fluid ounces
and that the total of all samples not exceed eight (8) fluid
ounces per customer.
Class 17 Manufacturing Distillery
(1) The Grand Forks city council may issue an unlimited
number of manufacturing distillery licenses to distilled
spirits "on-sale" and "off-sale" subject to the following
restrictions and conditions:
(A) The licensee has been issued a manufacturing
distillery license pursuant to N.D.C.C. § 5-01-19.2
from the North Dakota tax commissioner.
(B) A licensee may dispense free samples of spirits
offered for sale only in accordance with N.D.C.C.
§ 5-01-19.2. The size of each sample can be no
greater than one (1) fluid ounce and the total of
all samples to a single individual may not exceed
three (3) fluid ounces per day.
(C) Hours and times of sales by the licensee shall be
in accordance with Grand Forks City Code § 21-
0221(1), except the hours and times for off sale on
Sundays shall be from twelve noon until 11:59
p.m.
(D) A licensee under this section may apply for a class
11 special or limited license as provided in this
article.
(2) A licensee under this section may operate one satellite
location in addition to its licensed premises for the

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 purpose of providing samples, as defined in N.D.C.C. §
5-01-19.2(3)(a), and for on-sale or off-sale retail sales
upon the following conditions:
(a) The licensee has been issued a retail license for the
satellite location under this article.
(b) The licensee complies with and meets all the
requirements of N.D.C.C. § 5-01-19.2(3)(b).
(c) The size of each sample can be no greater than one
(1) fluid ounce and the total of all samples to a
single individual may not exceed three (3) fluid
ounces.
(3) A licensee under this section shall not be issued a Class
12 license.
(4) A licensee under this section may be issued a Class 1 or
Class 4 license allowing for the sale of on-sale alcoholic
beverages at a restaurant owned by the licensee and
located at the licensee’s satellite location.
Section 2: Amending Clause to Amend Grand Forks City Code § 9-0404.
Grand Forks City Code § 9-0404 is amended to read as follows (the amending language in
bold, with deletions stricken through and additions underlined):
All licensees receiving authorizations to conduct games of chance upon the sites within the
City of Grand Forks shall be required to comply with the following regulations upon approval of
such application:
***
(4) No gaming or gaming devices shall be allowed on the licensed premises of a Class
4 food and beverage establishment except, however, gaming and gaming devices
shall be permitted solely within the Class 4 Designated Lounge Area. All
gaming, gaming devices and gaming activities shall be located, conducted and
remain exclusively within the Class 4 Designated Lounge Area and in no other
part of the licensed premises of a Class 4 food and beverage establishment.,
those eligible organizations possessing a site authorization for a Class 4
licensed premise and conducting gaming on the licensed premise as of May 1,
1993, shall be allowed to continue the existing site authorization until such time
as the eligible organization conducting the existing gaming terminates gaming
activities on the licensed premises. No other eligible Class 4 organization shall
be allowed to assume, continue, or operate the earning activities on the licensed
premise.
***

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Section 3: Effectivity.
A. The amendments to Grand Forks City Code §§ 21-0205(II)(Class 11) and 21-
0205(II)(Class 16) shall be in full force and effect on August 1, 2021, with prior publication
thereof, as provided by law.
B. All other amendments as described herein, to Grand Forks City Code §§ 9-0404,
21-0205(II)(3), 21-0205(II)(6), 21-0205(II)(10), 21-0205(II)(Class 4), 21-0205(II)(Class 7), 21-
0205(II)(Class 10), 21-0205(II)(Class 13), and 21-0205(II)(Class 17), be in full force and effect
after publication thereof, as provided by law.

_________________________________
Brandon Bochenski, Mayor
Dated: ___________________________

ATTEST:

_____________________________
Maureen Storstad, City Auditor
Dated: _______________________
Introduction and first reading: _________________
Public Hearing: ____________
Second reading and final passage and approval: ____________
Approved: ______________
Published: ______________

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